Law: Succession Act, 1925

Section: 278,372

(a) Succession Act (XXXIX of 1925)--- ----Ss. 278 372---Letter of Administration and Succession certificate, issuance of---Requirement of furnishing surety, exemption from---Discretion of court---Scope---Object of requiring surety was to secure the interest of any such person who may have a share, interest or claim in the movable or immovable assets left by the deceased, such as, a legal heir whose name had not been disclosed to the Court or who was not before the Court, a minor legal heir or a legal heir of unsound mind whose share was retained by the Court, or a legal heir whose share was not distributed to him in accordance with law after the grant of Letters of Administration or Succession Certificate, or a creditor of the deceased---If the Court was satisfied that none of the said situations existed in the case before it, it may dispense with the (requirement of) furnishing of surety while granting Letters of Administration or Succession Certificate---Such power of the Court was discretionary and the person applying for Letters of Administration or Succession Certificate could not seek such discretion in his favour as a matter of right---Exercise of discretion shall depend upon the facts and circumstances of each case, however such discretion should be exercised liberally keeping in view the hardship that may be faced by the legal heirs of the deceased in furnishing surety, who may not have any other or additional property of their own to offer as surety---In some cases, the legal heirs may not be in a position to offer even the inherited property as security. (b) Succession Act (XXXIX of 1925)--- ----S. 278---Letters of Administration, grant of---Requirement of furnishing surety, exemption from-widow contended that present matter was an uncontested matter, as no one, including all other legal heirs had opposed present petition; that in fact all legal heirs had submitted their affidavits of no objection in favour of the petitioner, therefore, she may be exempted from furnishing surety for the grant of Letters of Administration in her name on execution of personal bond by her---Held, that notice of present petition was published in a daily newspaper and was…

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