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by Admin
07 May 2024 2:49 AM
In a landmark judgment, the Supreme Court of India, presided over by Justice Yashwant Varma, has reaffirmed the existing arrangement of a Sole Guardian overseeing the estate of a deceased individual, identified as DMP. The court dismissed an application seeking the appointment of an independent Administrator pendente lite under Section 247 of the Indian Succession Act, 1925, emphasizing the sufficiency and effectiveness of the Sole Guardian's role.
Justice Varma, in his detailed judgment, noted, "The power conferred upon a court by virtue of Section 247 is not intended to be invoked for the purposes of a mere reiteration of an appointment already made." This observation highlighted the court's view on the redundancy of appointing an independent administrator given the competent management by the Sole Guardian.
The case centered around the estate of DMP, a deceased individual with significant assets. The court had previously appointed a Sole Guardian to oversee DMP's estate, following disputes among heirs and allegations of mismanagement. The recent application contested this arrangement, proposing the need for an independent Administrator pendente lite.
Justice Varma's ruling was grounded in the evaluation of the Sole Guardian's performance and the lack of justification for altering the current management structure. The court found no evidence suggesting the ineffectiveness or inadequacy of the Sole Guardian. "The appointment of an Administrator independently by the Court in these proceedings would have been warranted provided a perceivable breach or lacuna had existed."
This decision sets a precedent in how courts may approach estate administration disputes, particularly when a Sole Guardian is already in place. It underscores the judiciary's inclination to avoid disrupting existing, effective administrative arrangements unless compelling evidence indicates the necessity for change.
Date of Decision: November 20, 2023
KANCHANA RAI VS STATE OF NCT OF DELHI & ORS.
