Probate and letter of administration...
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
A Probate judgement says -
" The petition is allowed and i hold that the petitioners are entitled to Letter of Administration in respect of Will with subject to petitioners furnishing -
Estate Duty clearance
Valuation Report
Requisite Court Fees
Administration Bond and
One Surety."
If i have sold a part of the above said property without giving any of the above things namely Estate Duty, valuation report. Admin. Bond or surety.
1. What will be the consequences,have i done anything wrong.
2. Will that sale be a valid and legal sale.
3. Is the Title been transferred to me or it will be transferred only after i do all the above acts as paying duties etc.
4. Will the Will come into force and the ownership of the property to me only after i do all the above said acts or it does not makes any diff.
5. What is the validity of will before all the said acts are done.
Thanks...
Raj Kumar Makkad
(Expert) 04 October 2011
1. Yes, You have done wrong. You might have reduced that portion out of petition which you sold during the pendency of your petition.
2. If you were not owner to that property, how did you sale it? Whether the registered sale-deed was duly executed in favour of buyer? if yes, then there is no need to obtain letter of admin. In my view, you sale is invalid, if one challenges it.
3. It shall change only after completition of all formalities and even after incorporation of such letter in the concerned record of municipality.
4. Replied above in 3.
5. No effect of any kind.
Querist :
Anonymous
(Querist) 04 October 2011
Thanks for the answers
I sold that portion of the property in 2007 after the probate order was announced in 2002.
In other words i sold the property after the probate order was announced but without fulfilling the requisite formalities such as estate duty,surety etc. subject to which Letter of Administration will be entitled to me.
1. What will be the consequences,have i done anything wrong.
2. Will that sale be a valid and legal sale.
3. Is the Title been transferred to me or it will be transferred only after i do all the above formalities as paying duties etc.
4. Will the Will come into force and the ownership of the property to me only after i do all the above said formalities or it does not makes any diff.
5. What is the validity of will before all the said acts are done.
Thanks
R.Ramachandran
(Expert) 05 October 2011
Dear Anonymous,
We have clearly understood that you have sold the portion of the property only after the aforesaid Court's conditional order.
Since you have not fulfilled the conditions imposed by the Court, only whereafter the WILL gets completely probated in your favour, you lack the title when you really sold the property.
Therefore, Mr. Makkad is absolutely correct when he says that when challenged, the sale effected by you will be declared invalid, in case of any challenge to the same.
I very much doubt, whether even now, whether you had fulfilled any of the conditions imposed by the Court. Be sure, if you think that once the Court has ordered probate in your favour, the property has become yours and no one will really bother whether you fulfilled the condition or not.
On the contrary, the probate being a conditional order, you do not get anything till such time you fulfil the conditions. The more you delay, the more trouble you will buy.
Chanchal Nag Chowdhury
(Expert) 05 October 2011
Estate Duty was abolished in the mid-80s. How can the court ask for Estate Duty clearance? Payment of court fees is a must.
Do'nt make a mountain out of a mole-hill. If U have not complied as yet, comply now. If U R the sole beneficiary, nothing wrong has been committed.
Querist :
Anonymous
(Querist) 05 October 2011
Yes i have till yet not paid court fees or done any formalities as directed by court 'subject to which' i was to be granted Letter of Admin. and thus till date i have not got Letter of Admin.
As i get by the above answers then it means -
1. Till i don't perform the formalities directed by court's order i am not entitled to the Title of the property.
2. Any such Sale or Issuing of a Irrevocable General Power of Attorney will be also invalid as the rights of the property will only be conferred to me only after the Letter of Admin. is issued to me.
3. If the Sale Deed or the GPA is challenged they will be treated nullity and if it is treated is nullity what happens then.
Querist :
Anonymous
(Querist) 05 October 2011
But if i fulfill the formalities after the challenge of the Sale Deed will it be ok then.
All said and done will i lose the rights to the property.
