2007 (2) AKAR (NOC) 211 (DEL) ::2007 A I H C 546 ::(2006) 135 DLT 362

Delhi High Court

Hon'ble Judge(s): Reva Khetrapal , J

( A ) Succession Act (39 of 1925) S. 263 — Grant of letters of Administration — Revocation of — Ground that Testator was Karta of HUF properties and could not dispose of coparcenary properties by way of Will — Question of title to properties — Could not be gone into in probate proceedings — Court declined to interfere — More so, when Civil Suit in respect of same is pending. (Paras8)

( B ) Succession Act (39 of 1925) S. 263 — Grant of letters of Administration — Revocation of — Ground that Will is a rank forgery — Petitioner has to allege and prove that letters of adminstration were obtained by perpetrating fraud and by concealment of material facts from Court — Plea that particulars of fraud set out in petition are sufficient to entitle petitioner to grant of a revocation order in her favour — Not tenable it being matter of evidence which was yet to be adduced by parties. (Paras9)