JUDGMENT
Bhat, J.
1. This second appeal came up for consideration before us on an order of reference by a learned single Judge of this Court, The reference order is as follows:
“The question involved in this appeal is as
to whether a certificate issued by the
Administrator General under Section 29 of the
Administrators General Act, 1963 will be a
substitute for a probate or letters of
administration under Section 213 of the Indian
Succession Act.”
2. Now deceased Vareed had two wives. Defendant is one of the children born through his first wife. First plaintiff is the second wife and second plaintiff is her daughter born to Vareed. Ext. A1 dated 19-8-1974 is said to be registered Will executed by Vareed bequeathing the property in dispute to both the wives. The property consists of five cents of land with a house in which plaintiffs are residing and in which defendant is said to have been permitted to reside along with the plaintiffs. The Will, while bequeathing the property of Vareed directed a sum of Rs. 500/- to be paid to the defendant and some other sums to other children of Vareed. Plaintiffs are amenable to make payments. On these averments they filed a suit to evict the defendant from the suit property. Defendant contended, inter alia, that unless the Will is probated the suit cannot be decreed. The trial Court overruled all his contentions and decreed the suit as prayed for without costs. In appeal, the appellate Court took the view that unless the Will is probated the suit could not be decreed and accordingly reversed the decree and
dismissed the suit without costs. Appellate decree and judgment are now challenged.
3. The only controversy before us is whether merely on the strength of certificate issued by the Administrator General under Section 29 of the Administrators General Act, 1963 but without obtaining a probate from the District Court under the provisions of Part IX of the Indian Succession Act, 1925, the Civil Court can grant relief to legatee under a Will from a person to whom the provisions of Part IX apply.
4. Learned counsel for the appellant would contend that where the assets left by the deceased do not exceed Rs. 15,000/- in value, it is not mandatory that the legatee should obtain a probate and that the Court can pass a decree if the legatee produces certificate issued by the Administrator General. According to learned counsel for the respondent, grant of certificate has no impact on the provisions of the Indian Succession Act and even where a certificate from the Administrator General is obtained unless a probate is obtained the suit cannot be decreed.
5. We will now advert to some of the relevant provisions of Parts VIII and IX of the Indian Succession Act. Section 213 states, inter alia, that no right as executor or legatee can be established in any Court of justice, unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy or an authenticated copy of the Will annexed. Sub-Section (1) of Section 214 states, inter alia, that no Court shall pass a decree against a debtor of deceased person for payment of his debt except on the production by the person so claiming of a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or a certificate granted under Section 31 or Section 32 of the Administrators General Act, 1913 mentioning the debt therein or a succession certificate granted under Part IX of the Act etc. There is no dispute that the deceased was person whose estate shall ordinarily be
governed by the above provisions. Going by
the above provisions there can be no doubt
that without a probative the suit could not be
decreed.
6. Section 391 of the Indian Succession Act, 1925 states, inter alia, that nothing in Part VIII, Part IX or Part X shall affect the Administrators General Act, 1913. The 1913 Act has been replaced by the Administrators General Act, 1963. It is necessary to advert to the relevant provisions of this Act. Sub-section (1) of Section 29 states, inter alia, that whenever any person has died leaving assets within any State and the Administrator-General of such State is satisfied that such assets (except the assets of the specified nature) did not at the time of death exceed in the whole rupees fifteen thousand in value, he may grant to any person, claiming otherwise than as a creditor to be interested in such assets or in the due administration thereof, a certificate under his hand entitling the claimant to receive the assets therein mentioned left by the deceased within the State, to a value not exceeding in the whole fifteen thousand rupees Clause (i) of Sub-section (3) states that no certificate shall be granted under this section where probate of the deceased’s will or letters of administration of his estate has or have been granted. Section 32 deals with effect of the certificate. The holder of a certificate shall have in respect of the assets specified in such certificate the same powers and duties and be subject to the same liabilities as he would have had or been subject to if letters of administration had been granted to him. Section 33 deals with revocation of the certificate. Section 35 confers protection to persons making bona fide payments to holders of certificate for payments made before revocation. Section 53 states that nothing contained in the Indian Succession Act, 1925 or the Companies Act, 1956 shall be taken to supersede or affect the rights, duties and privileges of any Administrators General. Section 64(1) repeals the Administrators General Act, 1913.
7. An examination of the relevant provisions of the Administrators General Act reveals the legislative intention to simplify the procedure by which certain classes of legatees
or other persons can secure relief at the hands of Civil Court in regard to estate of deceased persons. This is made abundantly clear by Section 53, according to which, provisions of the Indian Succession Act cannot supersede or affect the rights and duties and privileges of any Administrator General as also Section 391 of the Indian Succession Act which states that nothing in Part VIII, Part IX or Part X of that Act shall affect the Administrators General Act, 1913. The provisions of the Administrators General Act are intended to enable the Administrator General to take effective action in regard to estates of deceased persons; the provisions also enable legatees or certain other specified category of persons to obtain certificate from the Administrator General to approach Civil Court for appropriate reliefs. While the provisions of Parts VIII, IX and X of the Indian Succession Act have application without reference to the value of the estate, the provisions of Section 29 of Administrators General Act can apply only to assets not worth more than Rs. 15,000/- in value. Undoubtedly the procedure prescribed by the Indian Succession Act is more cumbersome than the procedure contemplated in Section 29 of the Administrators General Act. We find that the value shown in Section 29 was earlier much less and it was being periodically increased on the representation of widows and other such disablsed persons. Legislative intention appears to be to enable persons having claims with reference to estates of modest value to secure relief at the hands of Civil Court adopting a simple procedure and without adopting the cumbersome procedure under the Indian Succession Act. The right of the Administrator General to issue a certificate is protected under Section 53 of the Administrators General Act against possible attack by invocation of the provisions of the Indian Succession Act. Powers of a holder of a certificate do not appear to be in any way inferior to those holding probate or letters of administration issued under the Indian Succession Act. This is clear from the provisions of Section 32 of the Administrators General Act to the effect that “holder of a certificate shall have the same powers and duties, and be subject to the same liabilities as he would
have had or been subject to if letters of administration had been granted to and the provision in, Section 35 protecting persons who make bona fide payments to holder of such certificates before the revocation of such certificates. The provision in Sub-Section (3) of Section 29 would make it clear that even in cases where probate can be obtained or letters of administration can be obtained it is possible for the Administrator General to issue certificate subject of course to satisfaction of the monetary and other conditions stipulated in Sub-Section (1). In other words, in so far as estates worth not more than Rs. 15.000/- it is possible for a competent person either to move the District Court for probate or letters of administration or move the Administrator General for a certificate under Section 29. Since the provisions of the Administrators General Act, 1913 have been specifically saved by Section 391 of the Indian Succession Act, the provisions of the Administrators General Act, 1963 which has repealed the 1913 Act, will have full force and effect. In regard to matters which would be dealt with under Section 29 of the Administrators General Act. Section 213 of the Indian Succession Act cannot be regarded as a bar or stumbling block. Section 29 of the 1963 Act will have force notwithstanding Section 213 of the 1925 Act. The Civil Court can certainly grant a decree, if it is otherwise satisfied that the plaintiff is entitled to such decree on the strength of certificate issued by the Administrator General and even without a probate having been issued in favour of the plaintiff. We are fortified in this view by the decision of a Division Bench of the Bombay High Court in Narayan Shridhar Date v. Pandurang Bapuji Date (ILR 34 Bom 506) which dealt with the corresponding provision of the Hindu Wills Act and the Administrators General Act 1874 and held “That provision, we think, implies that the certificate when granted will as a matter of law entitle the claimant to receive the property. That that provision of the Administrators General Act is not affected by the incorporation in the Hindu Wills Act of the Section 187 of the Succession Act is clear from Section 5 of the Hindu Wills Act which provides that “Nothing contained in this Act shall affect the rights, duties
and privileges of the Administrators General of Bengal, Madras and Bombay, respectively.”
8. In the result, we set aside the decree and judgment , of the appellate Court in A.S. No. 109 of 1983 and restore the judgment and decree of the trial Court in O.S. No. 391 of 1981. The appeal is thus allowed, but in the circumstances without costs.