- (1.) Two Hon'ble Judges of this Court (The Hon'ble Mr. Justice Santosh Kumar Chakravarti and the Hon'ble Mr. Justice Salil Kumar Datta) have differed on a point of law. Consequently the following point: "Whether an application for grant of Letters of Administration by a minor through his natural guardian is maintainable in law in view of Section 236 of the India Succession Act, 1925" has been referred to me for decision. The facts shortly are :-
(2.) On July 2, 1954 Smt. Usharani Dasi, an inhabitant of Chadernagore, District Hooghly, purported to execute a Will in the form of a Notarial Deed. The Will inter alia provided that Jyotikamal (Respondent) then a minor (born on March 1, 1943), son of one of her daughters, would get her house including the garden etc. with certain conditions attached. Provisions were made by her for her youngest daughter Smt. Sampurna Das. Moneys were directed to be divided amongst the four daughters of Smt. Usharani including the said Smt. Sampurna. No provision was however made for her eldest daughter Smt. Saraju Bala, appellant herein.
(3.) On August 24m 1957 the testatrix died. On September 1, 1958. Jyotikamal then a minor applied through his father and legal guardian Jamini Kanta for the grant of a Probate or Letters of Administration of the Estate of the deceased. Sarajubala filed a Caveat. Apart from the usual pleas of absence of due execution and attestation of the Will and that the Will was vitiated by undue influence, misrepresentation coercion and fraud, she also challenged the right of the minor plaintiff to get the Letters of Administration.;