RATAN CHANDRA DAS Vs. GOUTAM DAS
LAWS(CAL)-2003-1-19
HIGH COURT OF CALCUTTA
Decided on January 08,2003

RATAN CHANDRA DAS Appellant
VERSUS
GOUTAM DAS Respondents


Referred Judgements :-

KAMALA PRASAD AND ANR. VS. MURALI MANOHAR [REFERRED TO]


JUDGEMENT

Ajoy Nath Ray, J. - (1.)This is an appeal from preliminary decree. There is only one appellant. It is submitted that the share declaration is erroneous because the appellant is the holder of Letters of Administration granted by the Administrator-General under the Administrators-General Act, 1963. The appellant thus claims full rights to the exclusion of others.
(2.)No doubt, section 29 of the said Act provides that in case the value of the assets does not exceed 50,000/- rupees (as per current amendment) the Administrator-General has jurisdiction to grant such letters. The effect of the grant is mentioned in section 32.
(3.)The effect of the Letters of Administration granted by the Administrator- General is no more than Letters of Administration granted by ordinary Courts of law. These do not give to the holder of the letters, title to the property but rather obliges the holder to administer the estate in accordance with law and the rights of succession.
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