PADMA SHARMA & ANR Vs. GENERAL PUBLIC

JUDGEMENT

(1.) THE appellants have laid this appeal under Section 299 of the Indian Succession Act, 1925 (for short, 'Act') to assail the impugned order dated 16 th February, 2015 passed by District Judge, Jaisalmer, whereby the learned Court below has rejected their petition under Section 278 of the Act for issuance of letter of administration.

(2.) THE facts, necessary and germane to the matter, are that the appellants, who are widow and son of late Shri Tarakishan, made endeavour to obtain letter of administration by way of filing a petition under Section 278 of the Act before the learned Court below for permitting them to manage the agriculture land owned by late Shri Tarakishan by issuing letter of administration. Requisite details about the land were incorporated in the application. The learned Court below issued required notices to public at large, who may be interested to oppose the prayer made in the petition under Section 278 of the Act. No one came forward to lodge any complaint or a word of dissent for the prayer made in the petition. Both the appellants thereupon appeared in the witness box and testified on oath and also produced documentary evidence to substantiate their claim for issuance of letter of administration.

(3.) THE learned Court below, while passing the impugned order, has recorded a definite finding that the deceased was Hindu, and therefore, both the appellants are governed by the provisions of Hindu Succession Act, 1956, and with this observation the learned Court below has held that as the appellants are class one heirs, they are entitled to inherit the property of the deceased. With this finding, the learned Court below has also observed that even on the principles of survivorship, they are entitled to receive the property of the deceased, therefore, it is not in fitness of things to issue letter of administration. That apart, for declining the prayer of the appellants, the learned Court below has referred to the so -called embargo envisaged under Section 280 of the Act. Section 280 of the Act prescribes that any petition, which is to be filed for obtaining letter of administration, the contents thereof are required to be verified by the incumbent concerned.