In Re: T.K. Parthasarathi Naidu vs Unknown on 19 November, 1954
In -- Mt. Girija Bala v. Manindra Lal', AIR 1927 Cal G54 (F), a testator divided his properties into five schedules and granted the 5th schedule property to his nephew; and in 1915, a grant of letters was made to him limited to properties comprised in that schedule. The applicants claiming . title to the other properties prayed for grant of letters of administration with the will annexed in regard to the properties comprised in the other schedules. Rankin C.J., recognised that the only power to grant letters of administration with the will annexed limited to certain specific items is the power conferred by Section 42, Probate and Administration Act, now Section 255, Indian Succession Act. He also thought that there having been a grant under that Section in respect of the 5th schedule property, any application for grant of letters to the estate would come under Section 44, correspodning to the present Section 257. Having said that, on the question now under consideration he expressed himself in rather strong language when he said: