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Sidhhi   27 February 2025

Changing administrators

There are 3 Administrators as per LOA issued by Bombay High Court.

Is there any provision for removing one of the administrators who is obstructing distribution of assets due to wasted interest or grudge against one administrator.

TIA

 

 



 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 February 2025

Only the court may isssue orders basing on the facts of the case.  Generally the court will appoint only one Administrator.

T. Kalaiselvan, Advocate (Advocate)     27 February 2025

According to Indian law, a court can appoint multiple administrators in a Letters of Administration, meaning more than one person can be granted the authority to manage a deceased person's estate, depending on the circumstances and at the court's discretion; this is particularly relevant when several family members have equal claim to the estate. 

 Section 234 (2) (d) of the Succession Act, permits courts to revoke letters of administration that have become “inoperative.” A grant may have been properly made but for a reason that has occurred as a result of subsequent events, it may become necessary for the Court to revoke the grant for practical reasons.

The grant of LOA can be revoked by court for the reasons:

(a) the proceedings to obtain the grant were defective in substance; or

(b) the grant was obtained fraudulently by making a false suggestion, or 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

Any other reason due to which the functions of the administrators are unnessessarily stalled due to individual adminiostrator's intentions mala fide

P. Venu (Advocate)     27 February 2025

The query is short of material facts.

Dr. J C Vashista (Advocate )     28 February 2025

I agree with the advise of learned experts, however, what are the facts of the case and what is your concern/ locus standi, if it is a true and not an examination hall question ?

Sidhhi   02 March 2025

Honarable Experts thanks for your precious time and guidance to querists who face difficult situations.

Having said please guide if one of the administrators can make application under which section for removing the obstructing 2 administrators or it has to be through an advocate only. Evidance of deliberate delays with ulterior motives of extortion etc are available. TIA

 

T. Kalaiselvan, Advocate (Advocate)     02 March 2025

You may peruse my opinion once again in which I have given clear guidelines about the action to taken step by step.

If you know the legal procedures properly then you can appear as party in person too.

Sidhhi   03 March 2025

Thanks to all the experts for their sujjestions.

Sri Vijayan.A (Legal Consultant)     04 March 2025

I endorse the views of expert Sri Adv T Kalaiselvan.

Appointment of Administrator can be modified through application.

Without an Advocate, getting the work done is practically NOT feasible.

 


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