Ans. The other grounds for revocation or annulment of the Probate or Letters of Administration for just cause, are enumerated in Section 263 of the Act which reads as follows:-

Chapter 3 of PART IX of the Indian Succession Act deals with the alterations and revocations of a Probate or Letters of Administration. As per Section 261, errors in the names, descriptions or in setting forth the time and place of the death of the testator or the purpose in a limited grant, can be rectified by the Court and the Probate or Letters of Administration can be altered or amended accordingly. If in a given case, after the grant of Letters of Administration with the Will annexed, a codicil has subsequently been discovered, it may be a ground for adding such codicil to the grant on due proof and identification and the consequential alteration or amendment of the grant as provided under Section 262 of the Act. The other grounds for revocation or annulment of the Probate or Letters of Administration for just cause, are enumerated in Section 263 of the Act which reads as follows:-

“263: Revocation or annulment for just cause - The grant of probate or letters of administration may be revoked or annulled for just cause. Explanation.- Just cause shall be deemed to exist where-

a) the proceedings to obtain the grant were defective in substance; or

b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or

c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or

d) the grant has become useless and inoperative through circumstances; or

e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.

Illustrations

(i) The Court by which the grant was made had no jurisdiction.

(ii) The grant was made without citing parties who ought to have been cited.

(iii) The Will of which probate was obtained was forged or revoked.

(iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him.

(v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered.

(vi) Since probate was granted, a latter Will has been discovered.

(vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the Will.

(viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind”.

COURT FEE PAYABLE FOR PROBATE AND LETTERS OF ADMINISTRATION

Q.73 What is the court fee payable for Probate and Letters of Administration ?

SUCCESSION CERTIFICATE

Q.74 What is a “Succession Certificate” ?

CONDTITION PRECEDENT FOR RECOVERY THROUGH COURT OF DEBTS FROM THE DEBTORS OF A DECEASED PERSON

Q.75 What is the condition precedent under the Indian Succession Act for recovery through Court of debts due from debtors of deceased persons?

Ans. Section 214 of the Indian Succession Act, 1925 stipulates a condition precedent for recovery through the Courts of debts due from debtors of deceased persons. The said Section reads as follows:

“214: Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons (1) No Court shall-

(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effect of the deceased person or to any part thereof, or

(b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of-

(i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or

(ii) a certificate granted under Section 31 or Section 32 of the Administrator-General's Act, 1913 (3 of 1913), and having the debt mentioned therein, or

(iii) a succession certificate granted under Part X and having the debt specified therein, or

(iv) a certificate granted under the Succession Certificate Act, 1889 (7 of 1889), or

(v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889 having the debt specified therein.

(2) The word "debt" in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.”

SUCCESSION CERTIFICATE CAN BE ISSUED FOR A PORTION OF A “DEBT”

Q.76 Can Succession Certificate be issued for a portion of a “debt”?

Ans. Yes. Succession Certificate can be issued for a portion of a debt and separate Succession Certificate/ Certificates can be issued in respect of the other portions of the same debt. (Vide Manicherry Saseendran v. P. V. Leela 2011 (2) KLT 866 = 2011 (2) KHC 745 = AIR 2011 Kerala 158 – K. T. Sankaran - J).