TaxTMI 
TaxTMI 
TaxTMI 
2001 (1) TMI 1026
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.... text thereof. Having regard to the expressions used in the two Wills with regard to the disposition of 18, Park Lane, Calcutta it appears that they are almost similar excepting minor discrepancy with regard to allotment of two flats to the other two brothers of the applicant. In one case the allotment was free of cost consisting of 1500 square feet each while in the other it was on payment of consideration for 1000 sq. ft. each. The learned counsel for the applicant therefore, relying upon section 247 of the Indian Succession Act, prays that an Administrator pendente lite be appointed for the purpose of development of the property since the question for development of the property by the applicant is common in both the Wills by the applica....
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....st of the portion appears to be identical. The applicant has been given right in case of demise of the Testator to develop the property in the Will elated 1st October, 1993. In the other Will also after the demise of the Testator, the eldest son, being the applicant, would develop the properties and in such event the entitlement of the two other brothers though little different, were recorded too. 4. Section 247 of the Indian Succession Act provides as follows : "Pending any suit touching the validity of the Will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of the deceased person, who shall have all the rights and powers ....
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....being appointed administrator pendente lite. 8. In the present case in both the Wills the testator desired that there shall be development of 18 Park Lane and that in case of death of the testator the applicant shall carry on the development it is only a right limited to the extent of one flat each to the other two brothers have since been provided for demarcating the position of the flat. Therefore, it would be expedient if the applicant is appointed administrator pendente lite. The appointment of the applicant is being opposed by the other two brothers. Having regard to the facts and circumstances of the case and in the exigencies of the situation and the provisions made in the Will as discussed above, in my view, the applicant is the mo....
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....stribute. The distribution is to allot parts or shares to the parties. Unless the shares are distributed between the parties, it would not amount to distribution within the meaning of section 247. 11. In the present case the rights of the parties after development has been specified. The other two brothers are entitled to one flat each as specified in the both the Wills. Except the area and consideration therefore everything else are same. Therefore those two flats can not be distributed. Having regard to the fads of this case if these two flats are preserved then there will be no question of distribution, it is only distribution that is prohibited. Development is not distribution. 12. Then again the administrator shall be under the contr....