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Showing contexts for: Intermediate Act in Sarvinder Singh & Anr. vs Vipul Tandon on 14 July, 2022Matching Fragments
"29. Chapter III of Part IX deals with revocation of grants. Under Section 263, the grant of probate or letters of administration may be revoked if the proceedings to obtain the grant were defective in substance; or the grant being obtained fraudulently by making a false suggestion or by suppressing from the court something material to the case or if the grant was EX.P. 95/2018 Page 22 of15:15:27 Signing Date:14.07.2022 35 obtained by means of untrue allegation or if the grantee has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of Part IX. Before us, it has been vehemently urged on behalf of the plaintiffs that the revocation of the grant of probate will make all intermediate acts ab initio void. Under Section 263, as stated above, grant of probate or letters of administration is liable to be revoked on any of the five grounds mentioned therein. One of the grounds as stated above is failure on the part of the grantee to exhibit/file an inventory or statement of account. Similarly, the probate or letter of administration is liable to be revoked if the grant is obtained fraudulently. Can it be said that revocation of the probate on the ground of non-exhibiting an inventory or statement of account will make the grant ab initio void so as to obliterate all intermediate acts of the executor? If it is not ab initio void in the case of non-filing of inventory or statement of account then equally it cannot be ab initio void in the case of a grant obtained fraudulently. In other words, what applies to clause (e) of the Explanation equally applies to clause (b) of the Explanation. At this stage, we clarify that if the intermediate act of the executor is not for the purpose of administration of the estate or if the act is performed in breach of trust then such act(s) is not protected. However, acts which are in consonance with the testator's intention and which are compatible with the administration of the estate are protected. Therefore, on reading Sections 211, 227 along with Section 263, it is clear that revocation of the grant shall operate prospectively and such revocation shall not invalidate the bona fide intermediate acts performed by the grantee during the pendency of the probate."
26. In the present case, the letters of administration were granted in favour of the Judgment Debtor on 13th August, 1997. Based on the aforesaid letters of administration, the Objectors purchased the portions of the suit property, on the basis of registered Sale Deeds. It was only in the year 2005, much after the Sale Deeds were executed, that the Decree Holders took steps for revocation of the grant of letters of administration, in which they EX.P. 95/2018 Page 23 of15:15:27 Signing Date:14.07.2022 35 eventually succeeded. But, in light of the aforesaid observations in Crystal Developers (supra), the bona fide intermediate acts of the administrator for the purpose of administration of the estate have to be protected. Merely because the letters of administration granted in favour of the administrator were set aside at a later point of time, would not undo or invalidate intermediate acts performed by the administrator, while the letters of administration granted in his favour duly existed, unless the same are shown to be fraudulent or collusive. Whether there was collusion between the Judgment Debtor and the Objectors in executing the Sale Deed in favour of the Objectors can only be proved in a trial. On a prima facie view, there is nothing to show that there was collusion between the Objectors and the Judgment Debtor, so as to create any doubt with regard to the Sale Deeds in favour of the Objectors by the Judgment Debtor.