What is the difference between representative suit and administration suits as per indian law?

 Representative Suits vs Administration Suits

Representative suits and administrative suits serve entirely different purposes under Indian law and are governed by different legal frameworks.

Representative Suits

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When probate proceeding can be converted in to administration suit?

We also agree with the view expressed by the Division Bench of the High Court, which has followed the judgment delivered in the case of Govind M. Asrani (supra), as the logic behind dismissing the appeal, in our opinion, is just and proper. In any case, so as to establish the Will, the probate proceedings are required. The function of the executor is to execute the Will. The main purpose can be very well achieved by obtaining a Letter of Administration so that the property can be administered by the Administrator as per Section 232 of the Indian Succession Act, 1925. In the instant case, the said practice has been rightly followed.

8. We are also in agreement with the view expressed in the impugned judgment, which has also relied upon law laid down in the case of Jadeja Pravinsinhji Anandsinhji (supra), in which it has been held:

6..........................An executor, in the capacity of an executor, has no personal interest in the estate of the deceased............................................... The object of the executor in these proceedings is to get an adjudication not of any dispute in which he is personally interested hut the object is to propound the will of the deceased for the benefit of those who take an interest in the will.

9. It is, therefore, clear that an executor in applying for probate is not fighting a personal action but fighting for the interests of all the beneficiaries under the will. Therefore the action of an executor in applying for a probate is not in substance a personal action and as observed earlier by me the maxim actio personalis moritur cum persona could not apply to such a case. If the executor fails in his duty, any of those whom he represents are entitled to intervene and carry on the proceedings with a formal modification' that the prayer must then be for letters of administration with the will annexed.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1618 of 2011

Decided On: 11.02.2016

Vatsala Srinivasan

Vs.

Shyamala Raghunathan

Hon'ble Judges/Coram:

Anil R. Dave and A.K. Goel, JJ.

Citation:(2016) 13 SCC253

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