The Supreme Court has held that Letters of Administration can be revoked on the ground that all the legal heirs were not impleaded in the petition under Section 276 of the Indian Succession Act for the grant of Letters of Administration with Will annexed.
However an applicant in order to succeed in revoking the letters of Administration granted by the court must establish just cause within the meaning of Section 263 of the Indian Succession Act, as laid down in clauses (a) and (e) thereof.
The enumeration of circumstances in the explanation to Section 263 of the Act is exhaustive and not merely illustrative. The circumstances under which a grant can be revoked under this Section may be classified under the following heads for easy reference:-
(i)When there is substantial defect in the proceedings to obtain the grant.
(ii)When the grant is obtained under false suggestion.
(iii)When a subsequent Will or codicil is discovered;
(iv)When required for the better Administration of the estate;
(v)When the person to whom the grant was made willfully neglects to file an inventory and accounts
The aggrieved person can challenge the grant of letters of administration in the appropriate court.