Arindam Mukherjee, J. - (1.) One Jharna Das, wife of Asit Kumar Das, died on 2nd February, 2015. Asit and Jharna had a daughter Arpita Das (Paramanik). Asit and Aripta predeceased Jharna. Subhankari Das, the mother of Asit, and the mother-in-law of Jharna had applied for Letters of Administration to the estate left behind by Jharna. The Letters of Administration was granted to Subhankari on 21st June 2019. Unfortunately, Subhankari died on 9th August, 2019 keeping the estate of Jharna Das unadministered. This is an application by the surviving heirs of Subhankari under the provision of Section 259 of the Indian Succession Act, 1925 (hereinafter referred to as the said Act). The applicants have relied upon a judgement reported in AIR 1953 Bombay 228 (Hirjibhoy Rustomji Patel -vs- The State of Bombay). The case before the Court in the said matter was as follows:
(2.) One Rattanshaw died on October 9, 1950 leaving behind his mother Meherbai and a brother being the appellant. The Letters of Administration to the estate of Rattanshaw was granted to Meherbai. Meherbai died on 6th December, 1951 leaving the estate of Rattanshaw unadministered.
(3.) The Division Bench of the Bombay High Court granted Letters of Administration to the estate of Rattanshaw to his brother Hirjibhoy. The reasoning given by the Division Bench of Bombay was that Hirjibhoy, being the brother, in the absence of Meherbai, the mother, would have been entitled to the grant of Letters of Administration to the estate of his deceased brother.;