Letters of administration barred unearned increase demand on transfer of leasehold rights under a valid will.

Letters of administration with the will annexed were treated as conclusive proof of the will's existence and genuineness, so the Development Authority could not conduct a parallel enquiry into the testamentary devolution or expand the lease covenants to demand unearned increase on transfer and mutation of leasehold rights. Because the lease deed did not authorise recovery of unearned increase where the property devolved under a valid will supported by such letters of administration, the demand for unearned increase and interest was invalid. The impugned communications were set aside, and the authority was required to transfer and mutate the leasehold rights without charging unearned increase.

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Issues: Whether the Development Authority could insist on payment of 50% unearned increase for transfer and mutation of leasehold rights bequeathed under a will when letters of administration with the will annexed had been granted, and whether the demand raised on that basis was valid.

Analysis: The grant of letters of administration with the will annexed entitled the administrator to the deceased's rights and operated as conclusive proof of the will's existence and genuineness. In such circumstances, the authority had no basis to conduct a parallel enquiry into the testamentary disposition or to enlarge the contractual covenants so as to demand unearned increase from the legatee merely because the transfer was sought on the basis of the will. The lease deed did not authorize recovery of unearned increase in a case of devolution under a valid will supported by letters of administration.

Conclusion: The demand for unearned increase and interest was held invalid, the impugned communications were set aside, and the authority was directed to transfer and mutate the leasehold rights in favour of the petitioner without charging unearned increase.

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