Facts
The petitioners, the widow and three children of Late Hobell Arthur David Sawian, petitioned under Sections 278, 273 and 300 of the Indian Succession Act, 1925, for Letters of Administration after he died intestate at Shillong on 8 June 2026.
Source reference: para. 1The other three petitioners authorised Petitioner No. 1 to apply and gave their no-objection to his administering the estate.
Source reference: para. 2The Court examined the petition and supporting documents, and each petitioner testified to the application’s genuineness and the relevant no-objection.
Source reference: paras. 2–6Issues
1. Whether Letters of Administration for the deceased’s estate should be granted to Petitioner No. 1, with the consent of the other petitioners.
Source reference: paras. 2–72. Whether the estate should be distributed between the widow and the deceased’s children in the proportions specified by the Court.
Source reference: para. 7Law Applied
The Court proceeded under Sections 278, 273 and 300 of the Indian Succession Act, 1925, which it cited as the statutory basis for the petition for Letters of Administration.
Source reference: para. 1It directed administration of the estate in accordance with Section 33 of the Act and ordered one-third to the widow and the remaining two-thirds to be divided equally among the other three petitioners.
Source reference: para. 7No precedent was cited.
Source reference: no citationReasoning
The Court was satisfied by its examination of the petition, the details of the legal heirs and estate, the authorisation and notarised no-objection certificates, and the death certificate and share certificate.
Source reference: para. 2The petitioners’ testimony confirmed the application’s genuineness and the other heirs’ consent.
Source reference: paras. 3–6On that record, the Court granted administration to Petitioner No. 1 and specified the distribution of the estate.
Source reference: para. 7Holding
The Court granted Letters of Administration to Petitioner No. 1 for the estate of Late Hobell Arthur David Sawian, with effect throughout India, directing administration in accordance with Section 33 of the Indian Succession Act, 1925.
It allocated one-third of the estate to the widow and the remaining two-thirds equally among the other three petitioners, and directed the petitioners to pay the applicable court fees and costs.
Source reference: paras. 7–8Acts & Sections Cited
4 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Succession Act, 19254
Original Court PDF
LYNDAN MARBANIANG SAWIANvsN/A
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
