Letter of administration
BEENA SINGH
(Querist) 09 May 2014
This query is : Resolved
A letter of Administration is obtained by me in respect of one property.
can on the basis of letter of administration I can allot that property on leave and license or do i need to take permission of Court again for that?
Please reply.
Devajyoti Barman
(Expert) 09 May 2014
No more permission is required from any court of law.
BEENA SINGH
(Querist) 09 May 2014
Sir can you explain me the below as given in section just a confuse with that
307. Power of executor or administrator to dispose of property.—
(1) Subject to the provisions of sub-section (2), an executor or administrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit. Illustrations
(i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the bequest, sells the subject of it. The sale is valid.
(ii) The executor in the exercise of his discretion mortgages a part of the immovable estate of the deceased. The mortgage is valid.
(2) If the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (1) shall be subject to the following restrictions and conditions, namely:—
(i) The power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the Will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.
(ii) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,—
(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him under section 211, or
(b) lease any such property for a term exceeding five years.
on sub point ii(a) it is written permission required
BEENA SINGH
(Querist) 09 May 2014
Sir can you explain me the below as given in section just a confuse with that
307. Power of executor or administrator to dispose of property.—
(1) Subject to the provisions of sub-section (2), an executor or administrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit. Illustrations
(i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the bequest, sells the subject of it. The sale is valid.
(ii) The executor in the exercise of his discretion mortgages a part of the immovable estate of the deceased. The mortgage is valid.
(2) If the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (1) shall be subject to the following restrictions and conditions, namely:—
(i) The power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the Will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.
(ii) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,—
(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him under section 211, or
(b) lease any such property for a term exceeding five years.
on sub point ii(a) it is written permission required
adv. rajeev ( rajoo )
(Expert) 09 May 2014
When you have got order in your favour, you need not to go for another order.
ROHIT SHARMA
(Expert) 10 May 2014
Ms. Beena Singh,
1. If you are named as an administrator in the Will of a testator then as according to s. 307 of the Indian Succession Act, 1925 there ain't any restriction imposed upon you as to restrain you in any manner to administer the property of the deceased testator unless otherwise if specified in the Will of the manner in which it is required to be administered.
2. Well, if the nominated executioner (administrator) has not assented to become a administrator while the Will was being made, then his name should not be as such appear in the contents of the Will document. But, once he has accepted such responsibility and has singed as witnesses to such Will in presence of the testator when alive - then he cannot escape from his responsibility or else the estate will devolve back to the state.
3. If the person named as an executor does not agree with the manner of bequest cited in the Will he cannot act to the contrary and the persons named as the beneficiaries can lawfully and legally challenge his act of insubordination.
4. The illustration quoted in your instant past query are valid in their subjective and objective analysis.
5. If you still need more of clarification and need to have a private consultation with this lawyer, you may feel free to do so at your convenience. I will be glad to attend to the same.
With regards,
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
