Law: Succession Act, 1925

Section: 278,295,283,286

Law: Succession Act, 1925

Section: 278,295,283,286

Law: Civil Procedure Code (V of 1908)

Section: O.XXXII,r.3,O.XL,r.1

(a) Succession Act (XXXIX of 1925)-------Ss. 278, 283, 286 & 295---Civil Procedure Code (V of 1908), O.XL, R.1---Petition for grant of Letter of Administration---Receiver, appointment of---Requirements---Petitioner, who was widow of deceased owner of property in question, had filed the petition for grant of Letter of Administration with regard to property left by the deceased---Deceased had left behind three legal heirs namely, petitioner widow, a minor son and his mother aged about 70 years old---No dispute existed about their being the legal heirs of deceased---Petitioner widow had claimed that she being the real mother of minor son of deceased whom she was looking after for the last ten years after the death of her husband and having no interest adverse to that of the minor, was entitled to grant of Letter of Administration---Mother of deceased aged 70 years old, however objected to the claim of petitioner alleging that deceased was not the owner of the property in question as he, in his lifetime, through declaration of oral gift had gifted said property to his father and that donee father of deceased had gifted said property to objector/mother of deceased, his two daughters and two sons---No copy of said oral gift had been filed with the objections to the main petition of grant of Letter of Administration filed by the petitioner---Alleged declaration of oral gift of the property in question by deceased in the name of his father and subsequent gifts, had become strongly doubtful as signature of deceased on said declaration of oral gift differed from his routine signatures subscribed on Power of Attorney, which was' duly attested by the Magistrate---Genuineness or otherwise of alleged declaration of oral gift required proper adjudication for which S.295 of the Succession Act, 1925 would be applicable---Petitioner widow thus, had made out a strong prima facie case---Deputy Registrar (Judicial) of the High Court was appointed receiver of the property in question in order to protect the same and interest of petitioner widow and minor son of the deceased---Application of objector/mother of deceased, was converted into civil suit with direction to the parties…

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