Letter of administration
Querist :
Anonymous
(Querist) 31 May 2018
This query is : Resolved
My mother bought a property in chennai in 1995 from the legal heirs of a deceased person via a registered will executed by their deceased father in 1994. The will not mention any executor name. On the basis of this registered will my mother bought this property without letter of administration. Legal heirs also gave a notorised affidavit in favour of my mother. House Tax was transfered in my mother name in 1995. She is paying house tax since then till now. Now she rented out this house. In this aspect please clarify the following.
1. Is it must to apply for Letter of Administration Now ?
2. Can the Thasildar now ask to get Letter of Administrfation from the court to transfer the Patta of the property in my mother name?
Ms.Usha Kapoor
(Expert) 01 June 2018
Even now your mother can apply FOR Letters of Administration. There is nu time limit FOR That.
Please click the following link for further information ON THIS Issue>
Tuesday, 31 May 2016
Whether period of limitation is prescribed for filing application for probate, letters of administration or succession certificate?
Please read below the following information pertaing to a Supreme court decision.
Similarly reference was made to a decision of the Bombay High Court's case in Vasudev Daulatram Sadarangani v Sajni Prem Lalwani (AIR 1983 Bom.268). Para 16 reads as follows:
"16. Rejecting Mr. Dalapatrai's contention, I summarise my conclusions thus:--
(a) under the Limitation Act no period is advisedly prescribed within which an application for probate, letters of administration or succession certificate must be made;
(b) the assumption that under Article 137 the right to apply necessarily accrues on the date of the death of the deceased, is unwarranted;
(c) such an application is for the Court's permission to perform a legal duty created by a Will or for recognition as a testamentary trustee and is a continuous right which can be exercised any time after the death of the deceased, as long as the right to do so survives and the object of the trust exists or any part of the trust, if created, remains to be executed;
(d) the right to apply would accrue when it becomes necessary to apply which may not necessarily be within 3 years form the date of he deceased's death.
(e) delay beyond 3 years after the deceased's death would arouse suspicion and greater the delay, greater would be the suspicion;
(f) such delay must be explained, but cannot be equated with the absolute bar of limitation; and
(g) once execution and attestation are proved, suspicion of delay no longer operates".
Supreme Court of India
Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors on 3 April, 2008
Bench: Dr. Arijit Pasayat, P.Sathasivam
CASE NO.:
Appeal (civil) 2464 of 2008
Citation:AIR 2008 SC 2058,( 2008 ) 8 SCC 463
Guest
(Expert) 01 June 2018
Academic query, can't be expected to be truthful real problem. By the way what was the secrecy on your case that you had to keep in hiding for asking your query, as an anonymous person?
Querist :
Anonymous
(Querist) 03 June 2018
Answer not relavent to question.
Ms.Usha Kapoor
(Expert) 04 June 2018
I stick to the same opinion as above.
