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2008 (10) TMI 716 - SC - Indian Laws

Issues involved:
The issues involved in the judgment are the impleadment of parties in an administration suit, the scrutiny of transactions concluded by deceased individuals, and the authority of the Court in determining the extent of the estate of the deceased.

Impleadment of Appellants in Administration Suit:
The Respondent filed a suit for administration of the Estate of his deceased parents and sought to challenge alienation of properties. The High Court allowed the impleadment of the Appellants as necessary parties to the suit, despite their objection that they were only shareholders in a company related to the transactions. The Appellants contended that transactions by the deceased during their lifetime cannot be questioned in an administration suit. However, the Court held that in an administration suit for a person who dies intestate, examining transactions involving the properties of the Estate is necessary to determine the assets of the Estate. The Court found the impleadment of the Appellants as parties to the administration suit to be valid.

Scrutiny of Transactions:
The Appellants argued that transactions concluded by the deceased during their lifetime should not be questioned after their death in administration proceedings. They relied on previous judgments related to probate proceedings where the Court does not decide questions of title in the deceased's Estate. However, the Court differentiated between probate and administration suits, stating that in an administration suit for a person who dies intestate, examining transactions involving the properties of the Estate is essential to determine the assets of the Estate. The Court upheld the High Court's decision to allow scrutiny of transactions and impleadment of the Appellants in the administration suit.

Authority of the Court in Determining Estate's Extent:
The Court clarified that in an administration suit, the Court determines the extent of the deceased's estate at the time of death to facilitate distribution to heirs, without deciding right and title in the properties. The Court highlighted the distinction between probate and administration suits, where in administration suits, examining transactions involving the properties of the Estate is permissible to ascertain the assets of the Estate. The Court upheld the High Court's decision to allow scrutiny of transactions and impleadment of the Appellants in the administration suit.

 

 

 

 

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