Letters of administration to X's estate were granted to Y without citing X's daughters, who ought to…
Section 263 allows a grant to be revoked or annulled for just cause, and its Explanation treats proceedings that were "defective in substance" as just cause. Illustration…
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Letters of administration to X's estate were granted to Y without citing X's daughters, who ought to have been cited. The daughters learn of the grant later. Under the Indian Succession Act, 1925:
Answer and explanation
Correct answer A
Section 263 allows a grant to be revoked or annulled for just cause, and its Explanation treats proceedings that were "defective in substance" as just cause. Illustration (ii) to section 263 gives the case where "the grant was made without citing parties who ought to have been cited". Y's good faith does not cure the defect, yet the grant is not a nullity either: it has to be revoked under section 263.