Calcutta High Court
Gopal Chandra Guin (Deceased) vs Unknown on 27 July, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-31
GA No. 484 of 2016
PLA No. 8 of 2015
IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
Original Side
IN THE GOODS OF:
GOPAL CHANDRA GUIN (DECEASED)
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : July 27, 2016.
Appearance:
Mr. Avinash Kankani, Advocate Mr. S. Seal, Advocate.
The Court : The propounder has invoked Section 247 of the Indian Succession Act, 1925 for the propounder being appointed as the administrator pendente lite.
The only objector to the grant of probate is the sister of the propounder. The Will is of the father of the propounder and the caveator. The caveator apparently lives in the same building as the propounder but despite the caveator being informed of the present application, she is not represented.
The propounder seeks to be appointed as administrator for the purpose of bringing suits or filing petitions against the tenants of the estate either for eviction or for enhancement of rent.
GA No. 484 of 2016 is disposed of by appointing the propounder as the administrator pendente lite only for the purpose of 2 instituting and prosecuting civil actions and claims against the tenants of the estate, whether for their eviction or for the enhancement of the rent.
The administrator will also be entitled to collect rent on behalf of the estate from the tenants of the estate.
The administrator will be obliged to file biannual reports indicating the progress of the suits or claims before the appropriate forum till such time that the probate is granted.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be given to the parties, subject to compliance of all requisite formalities.
( SANJIB BANERJEE, J. ) sg.