My uncle is one of 3 adminstrator appointed by Bombay High Court for adminstration and distribution of assets of a deceased person who died intestate with sole object to force him to forego his share.
What option he has in this situation so that he gets his share without any hindrance from others? TIA
Hello Siddhi,
I have read through your query and understood it. Here is my advice:
Since your uncle has been officially appointed as one of the three administrators for the estate of the person who died intestate, when pressured to forego his rightful share, he has several options.
Firstly, under Section 301 of the Indian Succession Act of 1925, he can move to the court asking for specific directions, ensuring a fair administration. He can also apply for the removal of other administrators under Section 302 of the same act for misconduct, management, acting in bad faith, etc.
Your uncle can also file a partition for securing his share in the property, but only if the estate involves divisible assets. The court can either divide the estate physically or order its sale and distribute the money of the sale equally among the administrators.
Under Section 19 of the Hindu Succession Act of 1956, he also has a right as a tenant-in-common, which ensures an equal share, and he can assert in court for the prevention of unfair distribution.
He can also move to court for an injunction if the other administrators are taking actions like unauthorized sales of assets and causing subsequently harm to him. Furthermore, he can also request an account of administration ensuring transparency and accountability in the management of the estate of the deceased man.
At last, it can be said that your uncle has several rights for seeking directions, partitions, or removal of the other administrators while ensuring proper accounting and also obtaining an injunction in certain conditions to prevent wrongful actions.
Thanks for putting your query. Let me know if there are any follow-up questions.
