A cloud over the testator’s title constitutes just cause to revoke Letters of Administration.

The dispute concerned Letters of Administration granted to G. Sumathy in respect of a Will dated 13 September 2006 allegedly executed by M. Marimuthu alias Mariappan.

The appellant, the testator’s son, and the testator’s wife sought revocation of the grant.

They contended, among other things, that the testator had no established title to the property bequeathed: the Tamil Nadu Slum Clearance Board had not executed a sale deed in his favour and had rejected his claim because he was not in possession.

The grant had been made ex parte, and the appellant’s revocation application was dismissed by the Single Judge.

1. Whether the appellant had a caveatable interest and had shown “just cause” under Section 263 of the Indian Succession Act, 1925, for revocation of the Letters of Administration

2. Whether the ex parte grant should remain in force where the testator’s right or interest in the property was in question

Section 263 of the Indian Succession Act, 1925 permits revocation or annulment of a grant for “just cause.”

In deciding whether revocation is warranted, the court considers whether the applicant has a caveatable interest and whether the circumstances disclose just cause.

Here, the Court treated the unresolved question of the testator’s interest in the property, together with the appellant’s status as his son and the ex parte nature of the grant, as relevant to that inquiry.

The Court noted that the Board had not executed a sale deed in the testator’s favour and had rejected his claim on the basis that he was not occupying the property.

His interest in the property, and consequently his competence to bequeath it, were therefore in question.

In light of that unresolved issue, the appellant’s relationship to the testator, and the fact that the grant was made ex parte, the Court found that the appellant had a caveatable interest and had shown just cause for revocation.

It confined its observations to that threshold determination and left the Will’s genuineness and validity for adjudication in the testamentary suit.

It set aside the order dismissing the revocation application and revoked the Letters of Administration.

The original petition was directed to be converted into a Testamentary Original Suit, with an opportunity for all parties to file pleadings; the Single Judge was directed to decide the suit independently and in accordance with law.