What if LoA granted is opposed & results in obstructions and delays ?

Hello Miss Sidhi,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

Since you’re facing obstructions due to one administrator refusing to sign the documents, there are a couple of ways you can approach this situation.

You can approach the court, filing a petition in the same court that granted the LoA, requesting the court to intervene because of the ongoing obstruction. Under Section 302 of Indian Succession Act the court can issue directions to the administrators or even remove the one if they are creating delays or acting fraudulently.

The administrator may also be removed for fraudulent actions by filing for their removal under the provision given in Section 301 of The Indian Succession Act. This will further help you to appoint a substitute administrator who will act in the best interests of the estate.

If the LoA does not specifically require a unanimous consent for decisions then you may also proceed with the majority of the administrators(in your case two out of three). This may be done with the court’s approval.

You may also approach this situation by gathering support from the majority of the nine legal heirs, this will help to show that most of you are in favour of executing the matter. This may then be presented in the court as evidence of the majority’s intent.

If the obstruction still persists then another  way to go about this would be to request court to appoint a neutral officer to execute the process further, along with the documentation of the process.

Thank you for reaching out to us, please feel free to ask any follow up questions that you may have.