Trial Court: Proceedings for Letter of
Administration
Letters of Administration
Individuals generally determine the
distribution of their estate in a Will, which specifies an executor to carry
out its directions. But where the decedent has left no Will or the executor
named in a Will is unable or unwilling to serve, the courts must appoint an
Administrator. The individual who dies intestate[1],
issues relating to property must be resolved for the settlement of debts and
claims against the estate, the payment of estate taxes, and in particular the
distribution of the estate to heirs who are legally entitled to receive it. A
formal document issued by a court of probate appointing a manager of the assets
and liabilities of the estate of the deceased in such a situations is called as
the Letter of Administration. Essentially, these laws divide the
decedent's property according to well-established rules of inheritance based on
blood relations, adoption or marriage. In the case of a person who has died
intestate, the probate court appoints an administrator to distribute the
property, according to the relevant descent and distribution statutes.
Provision of Law
The application
for Letter of Administration (“Letter of
Administration”) under Indian
Succession Act, 1925 (“Act”) is
filed under section 278. The contents of this application includes the
fact of the case along with the following details:
(a) The time and place of deceased’s death, which
is ascertained from the death certificate issued by the competent authorities,
which will be filed by the applicant(s).
(b) The name
of the family members and other relatives of the deceased, and their respective
residences are also given in the letter of administration.
(c) The
right in which the applicant claims;
(d) The
amount of assets, which are likely to come to the applicant's hands;
(e) That the deceased at the time of his death had
a fixed place of abode, or had some property, situate within the jurisdiction
of the District Judge or District Delegate in whose court the application is
being filed; and
(f) Where the application is to the District Judge and any portion of
the assets likely to come to the applicant’s hands is situate in another
State, the petition shall further state the amount of such assets in each State
and the District Judges within whose jurisdiction such assets are situate.
Parties to Proceedings and Necessary Documents
The memo of parties
includes the state that is represented through collector along with the legal representatives. The list of documents would include the identity proof [2] of the applicant and the
relationship of the applicant with the deceased is also another important
document, the death certificate of the deceased indicating date and place of death, details of property: movable and immovable, no objection certificate of the parties if the proceedings are unopposed.
Trial Proceedings
After the application is
filed before the court of appropriate jurisdiction, the court will hear the matter for its admission and if admitted the notice of the application is issued to
the state that is represented through collector besides other legal
representative who are party to the proceedings. Copy of the notice is affixed
in courthouse and published in the newspaper as well for awareness to general public to
file objections if any to the present proceedings. The inventory and the
valuation report of the movable articles and immovable property, if any in
these matters may be prepared with the help of local commissioner who is appointed
by the court. If the parties defending the application have no objection to the proceedings they are
required to file their no objection certificates/affidavits before court.
Outcome of the Proceedings
The court may allow the
application subject to no opposition of such an application by other parties to the proceedings and adducing the
sufficient evidence along with filing of surety bond and bond of
administration. Such a petition may take a minimum of two years to decide.
Important Discussion
Letter of Administration until Will is produced
The Act provides that where no Will of the deceased is forthcoming[3],
but there is reason to believe that there is a will in existence, letters of
administration may be granted, for a limited purpose until the will or an authenticated copy
of it is produced.
Administration During Pendency of Litigation
During the pendency of 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[4],
the Court may appoint an administrator of the estate of such deceased person,
who shall have all the rights and powers of a general administrator, other than
the right of distributing such estate, and every such administrator shall be
subject to the immediate control of the Court and shall act under its
direction.
The letters
of administration[5] shall have effect over all the property and estate, moveable
or immoveable, of the deceased, throughout the State in which the same is or
are granted, and shall be conclusive as to the representative title against all
debtors of the deceased, and all persons holding property which belongs to him,
and shall afford full indemnity to all debtors, paying their debts and all
persons delivering up such property to the person to whom such probate or
letters of administration have been granted:provided
that letters of administration granted– by a
High Court, or by a
District Judge, where the deceased at the time of his death had a fixed place
of abode situate within the jurisdiction of such Judge, and such Judge
certifies that the value of the property and estate affected beyond the limits
of the State does not exceed ten thousand rupees,shall,
unless otherwise directed by the grant, have like effect throughout 1[the
other States.
This blog is to bring to our readers an understanding about the trial
court proceedings. The blog is work of Partner of Legal Imperials, Jyoti
S. who handles probate matter for our firm.
[2] PAN Card, Indian Passport, Voter’s Identity Card,
Driving License, certificate of practice issued by professional bodies, Defence
Id.
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