Case Brief (Rewritten): Illachi Devi v. Jain Society

Citation: (2003) 8 SCC 413

Name of parties:

Appellants: Illachi devi (D) by LRs. And Others

Respondent: Jain Society, Protection of Orphans India & Ors.

Bench:

Hon’ble Justice V.N. Khare and S.B. Sinha, JJ

Date Of Appeal: 2001

Date Of Judgement: Fri Sep 26 2003

Facts of Case

Ratan Lal executed a Will on 15.10.1977 expressing his interest to convey a part of his estate to Jain Bal Ashram which is run by the Jain Society, registered under the Societies Registration Act, 1860. Ratan Lal passed away in the year 1978 and the Society filed an application for the grant of Letters of Administration, which was challenged by the Appellants, who argued that, as per the provision of Sec. 236 of the Indian Succession Act, such Letters of Administration cannot be granted to an association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by the State Government in this behalf. The matter was heard by the High Court, which held that a Letter of Administration could be granted in favour of a Society. Aggrieved by this decision, a Special Leave Petition was filed by the Petitioner under Article 136 of the Indian Constitution (which provides Supreme Court the discretionary power to hear appeals in cases where substantial questions are involved).

Issues Before Court

• Whether a Society registered under the Societies Registration Act, 1860 is entitled to obtain Letters of Administration under Section 236 of the Indian Succession Act, 1925 ?

Judgement

The Hon’ble Supreme Court held that a Society registered under the Societies Registration Act, 1860, is not entitled to obtain Letters of Administration under Section 236 of the Indian Succession Act, 1925. The Court clarified that the societies are considered as “associations of individuals” and does not fall under the ambit of “Companies” as specified by the Act. 

Key Takeaways

The judgment was given considering the intention of the legislation. Although the Letter of Administration or Probate copy of the Will may not be granted in favour of a Society, it may be granted in favour of a person authorised by the Society either in terms of the statute or a resolution adopted in this behalf by the Society. This person would be answerable to the Court and responsible for carrying out the wishes of the testator (the person who made the Will) for the benefit of the Society.