LETTER OF ADMINISTRATION ISSUED BY HIGH COURT
RAVI SHUKLA
(Querist) 25 February 2010
This query is : Resolved
It is my understanding that Letter of Administration issued by High Court is just an appointment of a person to present to the court, the assets, liabilities and claimants to the notice of High Court. As per Succession Act, the administrator cannot sell or even lease the property for over 5 yrs without permission of HC.
I hope experts on this subject will enlighten us more
RAVI SHUKLA
A V Vishal
(Expert) 26 February 2010
Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death. Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate's estate.
RAVI SHUKLA
(Querist) 26 February 2010
Dear Mr.Vishal,
I want to draw your attention to Sec.307(2) of the Indian Succession Act 1925 and restrictions therein.
A person was appointed as Administrator with the letter stating this Sec 307(2) and has sold off the property without probate and without authority of Court.
The sellers, buyers and people who transferred the property did not pay attention to this Sec specified on the letter of Administration. Therefore this querry.
A V Vishal
(Expert) 26 February 2010
It is invalid. I have pointed the same in my post "Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate's estate."
Kumar Thadhani
(Expert) 27 February 2010
How can Administrators act against rights belonging to the intestates it amont to breaach of constitution violating the articles.
