• Indian Succession Act, 1925 - Recourse available to Legatee

Sir,

District Court at Delhi has issued Letters of Probate u/s 276 & subsequently Executor appointed under Will has executed an Administration with Surety Bond u/s 291 ISA and has started administering the estate.

Executor, who is also one of the two Legatee's under WIll, has handed over in Probate Court a property bequeathed to other Legatee, however has not handed over the entire of the property, but has rather retained a part of it for his own use (in his capacity as Legatee) claiming said part falls to the share of his (Executor's) portion. A plain reading of the Will shows other wise and even the Executor is not relying on the Will but rather basing his retention on said part on the use of the same prior to the demise of Testator.

Administration is not complete and Executor is getting extensions from the Probate Court for rendering accounts etc. Hence, administration is subsisting.

Within a few days of realising property not handed over in accordance with Will, Legatee brought the same to notice if Executor, however, no response resulted in Legatee filing Appl u/s 151 CPC to Probate Court for directions to Executor to hand over balance part in accordance with Will.
 
Query: Does Probate Court (to which bond is assigned) have jurisdiction to adjudicate on application? If so, under what section? If not, what recourse is left to the Legatee?

Thank you.
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
repeated query
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
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no problem .. it happens
Ajay Sethi
Advocate, Mumbai
27321 Answers
1486 Consultations
5.0 on 5.0

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