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Vatsala Srinivasan vs. Shyamala Raghunathan (SC)

34.00 3.40

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Indian Succession Act, 1925–Sec. 232–Death of executor during the pendency of the testamentary suit proceedings–Whether the proceedings would be abated ?–Held, no–Both the proceedings with regard to probate and the letter of administration are of the same nature–Essence of proceeding is same and they relate to the ascertainment of genuineness and authenticity of the will–Further, the function of executor is only to execute the will–The main purpose can be very well achieved by obtaining a letter of administration so that the property can be administered by the administrator.