O-10 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE IA NO. GA/4/2024 IN PLA/76/2008 IN THE GOODS OF: DHIRENDRA NATH GANGULY, (DEC.) BEFORE: The Hon'ble JUSTICE BIVAS PATTANAYAK Date : 10th February, 2025 Appearance: Mr. Lal Mohan Hazra, Adv. Mr. Somesh Panja, Adv. Mrs. Anuradha Hazra, Adv. Mrs. Moutusi Hazra, Adv. For applicants THE COURT: This is an application for incorporating the names of the applicants, namely, Smt. Ratna Mukherjee, wife of Late Shyamal Kumar Mukherjee, Smt. Bandita Mukherjee, daughter of Late Shyamal Kumar Mukherjee and Arup Mukherjee, son of Late Shyamal Kumar Mukherjee, being the legal heirs of the Administrator Shyamal Kumar Mukherjee in place and stead of the Administrator. Perused the report of Registrar-In-Insolvency dated 24th December, 2024. 2 Mr. Lal Mohan Hazra, learned advocate appearing for the applicants submits that the applicants are the only legal heirs of the Administrator Late Shyamal Kumar Mukherjee, as such, their names be substituted/incorporated in place of the appointed Administrator Sri Shyamal Kumar Mukherjee. By order dated 15th April, 2008, Letters of Administration was granted in favour of one Sri Shyamal Kumar Mukherjee (issued on 20th June 2008). The applicants being the legal heirs of Shyamal Kumar Mukherjee have applied for incorporation of their names in place of administrator Shyamal Kumar Mukhrejee. The person to whom Letters of Administration are granted does not thereby become entitled to the property or estate of the deceased. The estate still succeeds according to the law of succession applicable to the deceased. The purpose of Letters of Administration is merely to enable the administrator so appointed by the Court to collect and/or assimilate the properties of the deceased and/or to deal with the various authorities with whom the properties of the deceased may be vested or recorded and to realise the same. Further the administrator is required to, from time to time, file the accounts in the Court with respect to the administration of the estate of the deceased. Upon the administrator defaulting in the same, the Court retains the power to revoke the grant. Thus the proceeding for grant of Letters of Administration is for appointment to the personal office as the administrator of the estate of the deceased. Such administration even though granted, ceases with the demise of the administrator and it is not as if the legal heirs of the administrator so appointed by the Court are entitled to continue with the 3 administration which was vested by the Court in the administrator. Accordingly, the right of the Administrator pertaining to the property of the deceased in respect of which Letters of Administration was granted is personal and does not devolve upon his heirs. In view of the above, the present application falls short of merit. Accordingly, GA/4/2024 stands dismissed. [BIVAS PATTANAYAK, J.] sb/