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T V Krishnamurthy (None)     10 June 2016

Letter of administration

Limit on expences of administration

Facts

1. My father-in-law died in 2010 - intestate

2. My sister-in-law died a spinster in 2011 giving all her wealth to charity appointing her brother as executer. Her will stated that her wealth is self acquired.

3. My brother-in-law applied for administration of father's property in 2015 sending notice to his sisters. The value of property is about Rs 10000000/-

4. My grother-in-law got letter of administration fo his father's property (uncontested) in 2014.

5. My brother-in-law lives in Singapore.

6. My sister-in-law was very disterbued after father's death and created lot of heart burn.

7. My brother-in-law turned out to be greedy. He checked father's and sister's papers and locker without the knowledge of his sisters.

Issues

1. My brother -in-law has claimed expence of nearly 25% -court fees, lawyer's fees, traveling exchange loss for security as  requiredby court. Is this justifiable OR will the court turn it down on its own.

2. My brother-in-law has claimed 25% for the deseased sister's estate which he will administer. Will the court allow this. Does the sister-in-law's will include property inherited from father.

My opinion

In todays world is it proper for HC to hand over administration to brother. In my opinion HC should have ordered division by neutral institution unless sisters gave consent for administration by brother. Administration and division by institution would be best practice in the absence of consent by other heirs.

My wife does NOT want to get into a court case even now.

Can my wife seek justice by just writing to the HC? How it should be done?

Can I make my openion heard by courts as a citizen in interest of justice? How should I do that?



Learning

 2 Replies

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     12 June 2016

People have lots of sorrow & amidst that, people do not, are not able to make up their minds at that time & such things happen. Sincere prayers to give you peace of mind.

 

On the other hand, when a case gets presented, it becomes difficult for the other end too. The matter cannot be kept pending indefinitely. The Order is 2013 & now it is 2016.

 

Well, the DHC Order has settled the dust & your family has realised that she should at least write to Court. But, I think, that may not work. A detailed petition will be needed. What if you change your mind again? It will be better if you get your other SIL/Family involved too & then file the Case.

 

* The Sister’s Will is distinct. That is final.

 

* The FIL’s part is left open. The DHC Order Dt is 2013. It states that notices were  served on you & you have not responded. You now want Justice. The difficult part is the Order records details of money etc too. Did the notice specifically mention that FIL's chests will be opened?

 

---- Be sure to note that the days of consciousness having its say is all gone. Work load adds dimensions even in Courts. I don't see any way the court will reject BIL's expense claims on its own. The Court will act even on his claim on Sister's share,  only if you raise the issue & not otherwise. So many things happen in the world. All of them are not botheration.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     14 June 2016

So sorry for the turn of events. But then love, relationships etc are nothing for some people & they oversmart you. But then it is injustice & you decide to get even.

 

Some suggestions that are on TOM (Top Of Mind) at this time are:

1. Get back to the BIL if he is in talkable terms & settle the issue.

 

However, if that will not work, in the face of the DHC Order, the options are:

2. Prove some Fact recorded in the Order to be wrong.

3. Go before the Supreme Court & pour out your heart.

 

Whatever it be, have the legal option as the last resort. The BIL or his wife or someother person might be able to play wonders. Try all the personal angles first.

 

Let me reclarify, if you go in for the legal option; then letter from your wife etc will not work. It will work at the personal level & definitely not in Court, especially after all these.


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