Duties of administrator
gopalaswamyb
(Querist) 13 August 2012
This query is : Resolved
My brother has probated the will and he is the administrator. 16 years back we have signed a partition deed drafted by a lawyer and we are in full enjoyment.
he has not intimated the court about this. but now he got it probated. there is no change in ownerships Is it required to do partition once again. he has not intimated about the receipt of administration letter from court and keeping me in dark. Is it possible to get the letter from the court what are the duties and time frame given to the administrator.pl guide
K.K.Ganguly
(Expert) 15 August 2012
How your brother could get the Will probated without you being served with any notice wherein you had ample scope to contest? Was the partition deed registered? If your share in the property as per the partition is same as that mentioned in the probated will, then get the property demarcated & registered as per the Will.
prabhakar singh
(Expert) 15 August 2012
If the partition deed drafted by lawyer is a Registered deed ?
Better get the letter of administration revoked by initiating proceedings of revocation under Section 263 of the Indian Succession Act which reads as follows:
263. Revocation or annulment for just cause.- The grant of probate or letters of administration may be revoked or annulled for just cause.
Explanation.--Just cause shall be deemed to exist where--
(a) the proceedings to obtain the grant were defective in substance; or
(b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or
(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or
(d) the grant has become useless and inoperative through circumstances; or
(e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.
Illustrations
(i) The Court by which the grant was made had no jurisdiction.
(ii) The grant was made without citing parties who ought to have been cited.
(iii) The will of which probate was obtained was forged or revoked.
(iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him.
(v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered.
(vi) Since probate was granted, a later will has been discovered.
(vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the will.
(viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind.
