1939 (5) TMI 22

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....the deceased's brother, Leo Joseph Martin. He alleges that Stanley Martin executed a will before his death disposing of all his property. The property consists of the following items: (1) Money lying with the B.N. Ry. employees Mutual Benefit Fund, Kidderpore, Rs. 1500. (2) Money lying with the B.N. Ry. Mutual Family Death Benefit Fund Ltd., Bilaspur Rs. 2000. (3) Money lying with the B.N. Ry. being the provident fund, gratuity and unpaid salary, Rupees 25,240.11-0. 2. The petitioner is one of the legatees under the will and he has applied for the grant of letters of administration with a copy of the will annexed. According to the terms of the will, all the property left by the deceased is given to the mother of the deceased and to the....

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....at Rule the applicant must show that the property with respect to which an injunction is prayed for is property in dispute in a suit. Now, this application has been made in a proceeding for the grant of letters of administration. In such a proceeding, it cannot be said that there is any property in dispute. No question regarding title to property can be decided in an application, for probate or letters of administration. This principle has been affirmed in a large number of cases of this Court. There is thus no property in dispute in the application for letters of administration out of which the present application arises. The application for injunction, therefore, is not one which can be brought within the scope of Order 39, Rule 1. I am s....

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....the Fund, which purports to confer upon any person the right to receive the whole or any part of such sum on the death of the subscriber, shall be deemed to confer such right absolutely until such nomination is varied by another nomination or is expressly cancelled by the subscriber. It is admitted that the deceased nominated his son Ian Martin as being the person to whom the sum should be paid. That being so, the disposition by the testator in his will cannot affect this sum. The railway authorities have written that they will not pay this sum to anybody until a proper guardian is appointed by the Court of the minor, I an Martin and that they propose to pay this sum to such guardian. In my opinion, this sum of Rs. 19,600 does not form part....