Mahamado Alli vs Sella Natchia – clr volume 2 page 179

In the case between Mohamed Isnril Mohamedo Alli (petitioner/son-in-law) and the widow and sons of S. L. M. Ahamado Lebbe Markar (respondents), the court addressed the issue of entitlement to the grant of letters of administration in the event of conflicting claims between a widow and other relatives. It was held that the widow, under section 523 of the Civil Procedure Code, is statutorily preferred for appointment as administrator over a son-in-law or next of kin. The findings established that a premature inquiry into the status of contested estate assets was improper at the stage of determining entitlement to administration. The District Judge’s order in favor of the petitioner was set aside, and the matter was remitted for appointment of the widow as administrator, subject to her taking