Pradeep Mohan Chaudhary And 2 ... vs State Of U.P. And 2 Others
2023 Latest Caselaw 26714 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2023:AHC:188712
 
A.F.R.
 
RESERVED
 

 

 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7271 of 2023
 

 
Petitioner :- Pradeep Mohan Chaudhary And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Praveen Kumar
 
Counsel for Respondent :- C.S.C.
 

 

 
Hon'ble Jayant Banerji, J.

1. The aforesaid petition has been filed with the following prayer:-

"i) issue any order or direction to the Court of Addl. District Judge-16, Kanpur Nagar to decide the letter of Administration Case No.154/70/2013 (Dr. A.M. Chaudhary & Ors. vs. State of UP & Ors.) finally, within the time fixed by this Hon'ble Court.

ii) issue any other suitable order or direction which the Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

Iii) to award costs of the petition to the petitioners."

2. Annexure-3 to the petition is a certified copy of a petition for letters of administration under Section 278 of the Indian Succession Act, 19251 filed by the three petitioners seeking grant of letters of administration of a Will dated 13.12.1997 executed by Shri Rajendra Shankar Chaudhary and the Will dated 08.04.1999 of Smt. Sarla Chaudhary, which Wills are stated to be attached to that petition. That petition came to be numbered as Letter of Administration Case No.154/70 of 2013.

3. It is contended by the learned counsel for the petitioners that the aforestated petition for grant of letters of administration is pending in the district court since a long time but is not being decided.

4. While exercising jurisdiction under Article 227 of the Constitution of India, before considering the prayer for grant of such direction as sought for in this petition, it is required to be seen whether (a) a letters of administration with Will annexed can be granted to several individuals for administering the estate of a deceased person, and, whether (b) a single application for grant of letters of administration with two Wills annexed executed by two testators, respectively, would be maintainable in view of the provisions of the Succession Act.

5. In this regard, the learned counsel for the petitioners has submitted that there is no bar under the Succession Act for filing of a single application for grant of letters of administration in respect of two different Wills. He also referred to the provisions of Order 2 Rule 3 of the CPC to contend that the petitioners in the same suit may unite several causes of action against the defendants. It is contented that therefore, applying for Letter of Administration by the petitioners with two wills annexed would be permissible. Learned counsel has relied upon paragraph nos. 36 and 37 of the judgment in Shivnarayan Vs. Maniklal and others2.

However, before adverting to the contentions raised by the learned counsel for the petitioners, it would be appropriate to refer to the certain provisions of the Succession Act and definitions of certain terms.

6. The term "letters of administration" is not defined under the Succession Act. However, in Section 2, the terms "administrator", "executor" and "probate" are defined in clauses (a), (c) and (f) thereof respectively, which are as follows:-

"(a) "administrator" means a person appointed by competent authority to administer the estate of a deceased person when there is no executor;

(c) "executor" means a person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided;

(f) "probate" means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator;".

7. The Black's Law Dictionary (Ninth Edition) defines the following terms as under :-

"estate." The property that one leaves after death; the collective assets and liabilities of a dead person.

"legatee". One who is named in a will to take personal property; one who has received a legacy or bequest.

"residuary legatee." A person designated to receive the residue of a decedent's estate.

"universal legatee." A residuary legatee that receives the entire residuary estate.

"letters." Wills & Estates. A court order giving official authority to a fiduciary to conduct appointed tasks.

"letters of administration." A formal document issued by a probate court to appoint the administrator of an estate.

"letters testamentary." A probate-court order approving the appointment of an executor under a will and authorizing the executor to administer the estate.

8. In the case of Administrator General v. Dharamvir3, it was defined that a testamentary disposition by which the testator gives all his properties to one or more persons is known as universal legacy and the recipients of such a legacy as universal legatees.

9. Part VIII of the Succession Act deals with 'Representative Title To Property Of Deceased On Succession'. Sub-section (1) of Section 211 provides that the executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such. Under sub-section (1) of Section 213, no right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed.

10. All grants of probate, letters of administration and administration of assets of deceased are governed by Part IX of the Succession Act. Section 218 provides to whom administration may be granted where the deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. It reads as follows:

"(1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased's estate.

(2) When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them.

(3) When no such person applies, it may be granted to a creditor of the deceased."

11. Under Sections 220 and 221 of the Succession Act, it is provided that letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death, and, letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate's estate. Section 222 provides that probate shall be granted only to an executor appointed by the will, which appointment may be expressed or by necessary implication. Sections 223 and 224 read as follows:-

"223. Persons to whom probate cannot be granted. - Probate cannot be granted to any person who is a minor or is of unsound mind nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made, by notification in the Official Gazette, by the State Government in this behalf.

224. Grant of probate to several executors simultaneously or at different times.- When several executors are appointed, probate may be granted to them all simultaneously or at different times.

Illustrations

A is an executor of B's will by express appointment and C an executor of it by implication. Probate may be granted to A and C at the same time or to A first and then to C, or to C first and then to A."

12. Sections 232 to 236 of the Succession Act read as follows:-

"232. Grant of administration to universal or residuary legatees.--When--

(a) the deceased has made a will, but has not appointed an executor, or

(b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or

(c) the executor dies after having proved the will, but before he has administered all the estate of the deceased,

an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.

233. Right to administration of representative of deceased residuary legatee.--When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the will annexed as such residuary legatee.

234. Grant of administration where no executor, nor residuary legatee nor representative of such legatee.--When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly.

235. Citation before grant of administration to legatee other than universal or residuary.--Letters of administration with the will annexed shall not be granted to any legatee other than an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next-of-kin to accept or refuse letters of administration.

236. To whom administration may not be granted.--Letters of administration cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by notification in the Official Gazette, by the State Government in this behalf."

13. Annexure-1 to the petition is a certified copy of the Will dated 13.12.1997 stated to be executed by the father of the petitioners, late Rajendra Shankar Chaudhary. Annexure-2 to the petition is a photocopy of a Will dated 08.04.1999 stated to be executed by Smt. Sarla Chaudhary. By the Will dated 13.12.1997, late Rajendra Shankar Chaudhary is stated to have bequeathed his property to the petitioners. The estate of the deceased Rajendra Shankar Chaudhary appears to include various immovable properties. On the other hand, by the Will dated 08.04.1999 stated to be executed by Smt. Sarla Chaudhary, immovable property along with other movable properties and bank accounts have been bequeathed to the petitioners. Some parts of the estate of the deceased Sarla Chaudhary are also stated to be bequeathed to her daughters-in-law. The estate of the deceased Rajendra Shankar Chaudhary, that is stated to be bequeathed by means of the Will dated 13.12.1997, appears to be different and distinct from the estate of the deceased Sarla Chaudhary that is stated to be bequeathed by means of a Will dated 08.04.1999. The petitioners have filed the petition before the Court of the District Judge, claiming to be the universal/residuary legatees of the deceased namely, Rajendra Shankar Chaudhary and Sarla Chaudhary, under the aforesaid two Wills dated 13.12.1997 and 08.04.1999.

14. For grant of administration to universal or residuary legatees, in the case where the deceased has made a Will, but has not appointed an executor, then under Section 232 of the Succession Act, he may be admitted to prove the Will, and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. It is pertinent to note that in the body of Section 232, universal and residuary legatee are referred in the singular, as those who may be admitted to prove the Will and who may be granted letters of administration with the Will annexed.

15. However, under Section 234, where there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the Will, and letters of administration may be granted to him or them accordingly.

16. As mentioned above, where the deceased, who was a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person, has died intestate, in that case the provisions of Section 218 would apply for grant of letters of administration.

17. It is pertinent to mention here that under Section 236 of the Succession Act, there is a bar for grant of letters of administration to any person who is a minor or is of unsound mind. It also cannot be granted to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by notification in the Official Gazette, by the State Government, in this behalf. Prima facie, the petitioners do not appear to be associated as an association of individuals.

18. Where the deceased dies intestate, in that case any person, who would be entitled to the whole or any part of the deceased's estate according to the rules for the distribution of the estate applicable in the case of such deceased, apply for such administration, and then, under Section 218, it is left to the discretion of the Court to grant it to any or more of them.

19. At first blush, a distinction appears to have been drawn between a person who may be entitled to apply for administration in the case of a deceased, who has made a Will but the eventualities envisaged in clause (a), (b) or (c) of Section 232 exist, and, between any or more persons so entitled as envisaged in Section 234. However, it is pertinent to refer to the provision of Section 311 of the Succession Act, which is as follows:

"311. Powers of several executors or administrators exercisable by one. --When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the Will or taken out administration."

Therefore, under the provision of Section 311, in the absence of any direction to the contrary by the probate-court, any one of the several administrators can exercise the powers of all.

20. Under the provisions of Sections 232 and 234 of the Succession Act before Letters of Administration can be granted, the probate Court has to see whether the applicant/s is/are universal or residuary legatee/s. In the present case, each of the three petitioners have apparently been bequeathed with the estates, respectively, of each of the two deceased. The petitioners have filed the petition for grant of letters of administration with Wills annexed which Wills do not specify or imply the appointment of an executor. In my view, letters of administration with Will annexed can be granted to any person or persons for administering the estate of a deceased person even if they are universal or residuary legatees as there is no such bar under the Succession Act. The bar under Section 236 for grant of letters of administration extends only to any person who is a minor or is of unsound mind or any association of individuals. However, such bar does not extend to a company which satisfies the conditions prescribed by rules. Thus, subject to the provisions of the Succession Act, a letters of administration with Will annexed can be granted to one or several individuals for administering the estate of a deceased person.

21. There are other kinds of limited grants of letters of administration under Chapter II of Part IX of the Succession Act. Alteration and revocation of grants are covered by Chapter III of Part IX. However, in the facts and circumstances of the present case, no discussion on them is required.

22. The other aspect of the matter is that whether a single application for grant of letters of administration with two Wills annexed executed by two testators respectively, would be maintainable in view of the provisions of the Succession Act. As noted above, separate estates of the two deceased namely, Rajendra Shankar Chaudhary and Sarla Chaudhary, have been stated to be bequeathed, respectively, by means of Wills dated 13.12.1997 and 08.04.1999. Under Section 291, every person to whom any grant of letters of administration, other than a grant under section 241, is committed, he is mandated to give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct. However, where the deceased was a Hindu, Muhammadan, Buddhist, Sikh, Jaina or an exempted person, the exception made in respect of a grant under Section 241 shall not operate.

23. In case, on an application moved by petitioner, the Court may, on being satisfied that the engagement of any such bond has not been kept, the aforesaid administration bond can also be assigned by the Court to some person, his executors or administrators, and upon such terms as the Court may think fit, who shall thereupon be entitled to sue on the said bond in the manner and in terms provided in Section 292.

24. Where a grant of probate or letters of administration is revoked or annulled under the Act, the person to whom the grant was made shall forthwith deliver the probate or letters of administration to the court which made the grant as provided in Section 296. Under Section 301, a private executor or administrator can be removed, suspended or discharged and the High Court may provide for succession of another person to such office and the vesting in such successor of any property belonging to the estate. Where a grant of probate or letters of administration has been made under the Succession Act, the High Court may, on an application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof under Section 302. Powers and duties of an administrator or executor are provided in Chapter VI and VII of Part IX of the Succession Act.

25. Under Section 332, in Chapter VIII of Part IX, the assent of the executor or administrator is necessary to complete a legatee's title to his legacy. Under Section 335, when an executor or administrator is a legatee, his assent to his own legacy is necessary to complete his title to it and his assent may be expressed or implied. The duties and liabilities of executor or administrator pertaining to payment and apportionment of annuities, investment of funds, produce and interest of legacies, refunding of legacies, devastation, are provided in Chapter IX, X, XI, XII and XIII of Part IX of the Succession Act.

26. The grant of letters of administration with Wills annexed in respect of estates of deceased persons has to be viewed in the light of the several provisions of the Succession Act which have been briefly referred to above. They provide for, inter alia, giving of Administration Bonds, revocation or annulment of letters along with its conditions and consequences, the power to sue in respect of all causes of action that survive the deceased including power for recovery of debts, power to dispose of the property of the deceased, duty to pay expenses, duty to exhibit in the court an inventory of all the property in possession and account of all the credits and also all the debts owing by any person. It is not only a matter of the duty in a fiduciary capacity that an administrator owes under the Will to the estate of the deceased, but also the solemn duty the administrator owes to the court that grants such letters.

27. In the case of Illachi Devi v. Jain Society4, while referring to the provisions of Sections 223 and 236 of the Succession Act and observing that no letters of administration can be granted in favour of a society which is but an association of persons, although it could be a beneficiary under a Will, the Supreme Court opined:-

"12. The object and purpose of the said provisions is to enable the court to give full effect to be given to the Will of the testator, such that the administrator would avoid the occurrence of any personal considerations in the matter of administration and would perform his various duties and functions with all efficiency, integrity and honesty. The nature of this tremendous responsibility may be seen from the fact that an administrator is entrusted to act in a fiduciary capacity, and not liable to be discharged until the testament is fulfilled in its entirety.

...........................................

39. We have delineated above the requisite fiduciary character of an administrator of the estate of the deceased, who must be accountable not only to the directions of the testator, as expressed in the testament, but also to the interests of the beneficiaries and the court. ........................ ......................................................"

28. There may occur instances which may give rise to an anomaly. To illustrate, in the background of similar facts and circumstances that exist in the instant petition, in case a letters of administration with two Wills annexed is granted by the court, and for some reason the court finds that in respect of an estate corresponding to one of the Wills the letters have to be annulled or revoked under Chapter III of Part IX of the Succession Act, then the effect of such annulment or revocation would be that each of the two estates respective to the two Wills become unadministered. Similarly, there could arise another such instance relating to grant of letters of administration with two Wills annexed, where an administration bond pertaining to one of the two estates of the deceased is assigned under Section 292 by the Court.

Such eventualities would give rise to a practical difficulty which is not contemplated by the Succession Act. It is pertinent to note that under Section 290, the form for grant of letters of administration is prescribed in Schedule VII of the Succession Act, which is as follows:-

"FORM OF LETTERS OF ADMINISTRATION

I, .........., Judge of the District of............ [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate's jurisdiction)], hereby make known that on the.... day of..... letters of administration (with or without the Will annexed, as the case may be), of the property and credits of........., late of........, deceased, were granted to...... the father (or as the case may be) of the deceased, he having undertaken to administer the same and to make a full and true inventory of the said property and credits and exhibit the same in this Court, within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, from time to time, appoint."

29. Therefore, in case a letters of administration with two wills annexed is granted by the Court, such letters would not be severable.

30. In view of the aforesaid, in my view, a single application for grant of letters of administration with two Wills annexed executed by two testators, respectively, would not be maintainable in view of the provisions of the Succession Act. Both, in instances where estates of the deceased persons mentioned in their respective Wills are separate, or, not clearly demarcated, it would be for the courts to see that separate applications for letters of administration, each with a single Will annexed, are filed. This would be necessary, given the scheme of the Succession Act and for obviating any confusion with regard to the rights, duties and liabilities of the administrator/s in respect of the respective estates of the deceased persons under the respective Wills.

31. Therefore, the contention of the learned counsel for the petitioners that since there is no bar in the Succession Act in filing an application for Letter of Administration with two wills annexed, therefore, the petition before the District Court would be maintainable, does not appear to be correct in view of the facts and circumstances of the case.

32. So far as the submission of the learned counsel for the petitioners regarding joinder of causes of action is concerned, the same is not correct and is not applicable in the present case. In the case of Rajasthan High Court Advocates' Assn. v. Union of India5, it is observed as follows:-

"17. The expression "cause of action" has acquired a judicially-settled meaning. In the restricted sense cause of action means the circumstances forming the infraction of the right or the immediate occasion for the action. In the wider sense, it means the necessary conditions for the maintenance of the suit, including not only the infraction of the right, but the infraction coupled with the right itself. Compendiously the expression means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Every fact which is necessary to be proved, as distinguished from every piece of evidence which is necessary to prove each fact, comprises in "cause of action". It has to be left to be determined in each individual case as to where the cause of action arises. .............................."

33. In the case of Indian Performing Rights Society Ltd. v. Sanjay Dalia6, it has been observed as follows:-

"17. Accrual of cause of action is a sine qua non for a suit to be filed. Cause of action is a bundle of facts which is required to be proved to grant relief to the plaintiff. Cause of action not only refers to the infringement but also the material facts on which right is founded. Section 20 CPC recognises the territorial jurisdiction of the courts inter alia where the cause of action wholly or in part arises. It has to be decided in each case whether cause of action wholly or in part arises at a particular place, as held by this Court in Rajasthan High Court Advocates' Assn. v. Union of India. Thus, a plaintiff can also file a suit where the cause of action wholly or in part arises."

(emphasis supplied)

34. In the aforesaid application / petition filed under the Succession Act for grant of Letter of Administration with wills annexed of the estate of the deceased, the petitioners seek an order of the Court to administer the estates of the deceased by moving a petition to the Court for grant of letters of administration under Section 278 of the Succession Act on the premise that they are eligible for grant of letters of administration and that they would be willing to discharge their duty in fiduciary capacity consequent to such grant. The decision is of the Court whether or not to grant letters of administration to the petitioners given the scheme of the Succession Act. It is only where a caveat is lodged against grant of administration under Section 284 and after it has been entered under Section 285, that no proceeding can be taken on such petition until after such notice to the person by whom the same has been entered as the Court may think reasonable.

35. There may, however, be instances where a legatee or any person may apply for letters of administration for any of the limited purposes which are referred to in Chapter II of Part IX of the Succession Act on the occurrence of any eventuality which may be an infringement or an infraction of the right of a legatee, or the estate of the deceased is likely to be affected, etc. Those instances may be construed to be causes of action in view of the facts giving rise to them. Those causes of action may be joined in a petition for letters. However, joinder of such causes of action are very different from saying that a letters of administration with two Wills annexed would be maintainable. Letters of administration may be granted by the court by an order as a result of consideration of a cause or causes of action that may arise in a given set of facts and circumstances. The judgment relied upon by the learned counsel for the petitioners in support of his submission is of no assistance to the petitioners. In the facts and circumstances of the case, there is no merit in the contentions advanced by the learned counsel for the petitioners.

36. Under the facts and circumstances of the case, no relief as prayed for can be granted. Further, in view of the opinion expressed above, the aforementioned petition bearing Letters of Administration Case No.154 of 2013 of the petitioners for grant of letters of Administration with two Wills annexed is not maintainable. It is left open to the petitioner to move an application for withdrawal of the aforesaid petition for letters of administration with liberty to file two separate petitions. If such an application is moved, the District Judge is requested to pass appropriate orders accordingly, while preserving the right of the petitioners to file appropriate petitions afresh. It is made clear that no opinion expressed herein shall be construed to be on merits of the case of the petitioners.

37. Subject to the aforesaid observation, this petition is dismissed.

Date : 03.10.2023

SK

(Jayant Banerji, J)