Where birth parent seeks Letters of Administration or Succession Certificate, Registry is not entitled to demand surety justifying birth minor's share in property or estate in question

In the present case, there is an estate in which a minor has an interest and applicant, either for Letters of Administration or a Succession Certificate, is the mother and natural guardian of the minor. In every such case, the Registry has taken an objection demanding that the mother must justify the surety for the entirety of the minor's share in the estate.

Justice G. S. Patel held that, “Where birth parent seeks Letters of Administration or Succession Certificate, Registry is not entitled to demand surety justifying birth minor's share in property or estate in question. Such demand can only be made where petitioner is not birth parent and natural guardian of minor.”

Requisition for justifying surety was held to be without foundation in law and there was absolutely no warrant whatsoever for seeking a justifying surety for the share of a minor when the Petition is brought by the minor's birth parent as the natural guardian of the minor and of the property of the minor.

Appearing Counsel/s : Mr Ashish Raghuvanshi, Ram U Singh, Mrs Chandan Bhatt