Mr. Kaushik Pradhan vs Sudhindranath Majumdar And on 14 August, 2024
Mr. Kaushik Pradhan, learned Advocate for the applicant submits
that the applicant does not fall in the category of the persons to whom the
administration may not be granted as provided under Section 236 of the
Indian Succession Act, 1925. Further Section 254 of the Indian Succession
Act clearly provides that for administration of the estate the Court may
exercise discretion granting it to such person as it deems fit and proper.
More so, Sections 218 and 278 of the Indian Succession Act do not prohibit
against grant of letters of administration in favour of outsider. Therefore, the
daughter-in-law is entitled to grant of letters of administration in her favour.
To buttress his contention, he relies on the decision of this Court passed in
Smt. Malati Roy Chowdhury versus Sudhindranath Majumdar And
Ors. reported in AIR 2007 CAL 4.