Law: Succession Act (XXXIX of 1925)

Section: 263

  Succession Act (XXXIX of 1925)--- ----S. 263---Application for revocation of Letters of Administration Applicant's contention, that grantee of Letters of Administration being old and infirm lady was incapable of managing property, was not only raised by applicant at the time of grant of Letters of Administration in favour of grantee, but that ground was also repeated in her earlier application which was dismissed by Court---Applicant was thus, not entitled to raise such ground in present proceedings. Succession Act (XXXIX of 1925)--- ----S. 263---Surety dispensed with while granting Letters of Administration--Validity---Fact that surety was dispensed with while granting Letters of Administration could not be a ground for revocation of Letters of Administration for, neither the proceedings in which same were granted was defective nor the order dispensing with surety could be treated as without jurisdiction. Succession Act (XXXIX of 1925)--- ----S. 263---Revocation of Letters of Administration---Applicant seeking such revocation, had already filed a suit against grantee of Letters of Administration for rendition of accounts and partition of her share---Such matter being sub judice before a competent Court, High Court refrained to express its opinion on contentions with regard to accounts presented in Court by respondent/grantee of Letters of Administration---Suit being pending between parties, present application was not maintainable for revocation of Letters of Administration on the grounds mentioned in such application---Application for revocation of Letters of Administration was dismissed in circumstances. M. Idris Qureshi for Applicant. Ibrahim Pishori for Petitioner. ORDER   The above application under section 263 of the Succession Act is filed by Mst. Asma Bai for revoking the Letters of Administration granted to the petitioner on 23rd August, 1981. In support of the application, Mr. Idris Qureshi, learned counsel for the applicant, has raised a number of contentions but at the hearing of the application, the arguments were confined to only three points, namely, (i) that the Letters of Administration were granted to the petitioner in…