Impleading Tenant In Proceedings For Issuance Of Letter Of Administration Under Indian Succession Act Not Allowed: Rajasthan High Court

A bench of Justice Dinesh Mehta was hearing a petition filed against an order of the trial court that had rejected the petitioner's application for impleading Udaipur Mineral Development, Sindicate Private Ltd. (“the Company”) in proceedings of Section 278 of the Act. It was argued by the petitioner that the Company being a tenant of the property in relation to which Section 278 proceedings were ongoing, was a necessary party to the case.

Rejecting this argument by the petitioner, the Court observed that in the proceedings under Section 278 of the Act, the necessary parties were the legal heirs of the deceased. The Court further stated that in some cases, the Municipal Corporation or the bank with whom the property was mortgaged might be impleaded as parties because they might have some semblance of legal rights over the property. However, a tenant stands on a different footing altogether since it could not contest the grant or refuse to issue a letter of administration.

“So far as the company is concerned, it stands on entirely different footing. Irrespective of the fate of the proceedings under section 278 of Indian Succession Act, a tenant continues to be a tenant; the tenant cannot oppose the grant or refusal to issue letter of administration in favour of any of the contesting parties.”

In the background of this analysis, the Court dismissed the petition and upheld the trial court order.

Title: Shri Brijendra Malewar v Shri Ravindra Prakash & Ors.

Citation: 2024 LiveLaw (Raj) 143