21 February 2024 Wills under Indian Succession Act >> Inheritance  

A recent court case highlights the importance of following proper procedures when dealing with probate matters. The case involved a petitioner who challenged the grant of letters of administration to the respondent, claiming flaws in the service of citations.

Facts:

• The Petitioner is seeking to revoke the grant of Letters of Administration with Will Annexed (LWA) granted to the respondent on May 17th, 2023. The petitioner claims to be a beneficiary under the Will and is related to the deceased through their husband.
• The Respondent, in their initial petition for LWA, identified the Petitioner as the deceased's sister-in-law but stated their whereabouts were unknown. The Respondent did not provide the Petitioner's last known address in the petition and obtained the LWA after publication of citation in newspapers, without attempting personal service on the Petitioner.

Point of Law:

• The court found that the respondent did not comply with the mandatory rules regarding service of citation.
• The court found that the respondent's statement of "whereabouts unknown" did not fulfill the requirement to attempt personal service at the last known address.
• The court concluded that the LWA was obtained through irregularities in the service of citation, constituting a substantial defect in the proceedings.
• The court concluded that the Respondent made a false suggestion by stating they did not know the Petitioner's whereabouts.
• Based on these conclusions, the court revoked the LWA granted to the Respondent.