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Nagesh (private empolyment)     15 February 2025

Letter of administration

Dear Learned Counsels,

Person A executes a Notorised Will and bequethes his self acquired property (acquired in a family partition of properties) in favour of his parents and an younger sister (say  Person D.) Person A's wife has deserted him and they have no issues.

The beneficiaries  of the Will filed a Petition under Section 278 of Indian Succession Act for grant of Letters of Administration in respect of properties they have acquired after the death of the executor of the Will in favour of Person D.

The estratnged wife who  was made as Respondent does not appear and a paper publication also elicit no claims.  Hence Court grants Letter of Administration in  favour of Person D.

Now my question is  whethter Person D. acquires the Absolute Ownership of the property ?

Or

All the 3 beneficiaries are the Absolute Owners  by virtue of testamentary Succession. 

Note: The Wife of Person A subsequently had died.

Kindly clarify my doubts.

thanking you.

Nagesh.



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     15 February 2025

With Letters of Administration, the administrator can access and manage the deceased's assets, including financial accounts and property, to settle debts and distribute the estate according to the law. 

The administrator cannot claim the property 

kavksatyanarayana (subregistrar/supdt.(retired))     15 February 2025

Yes. The administrator can manage the deceased's assets and liabilities after obtaining an order from the court and distributing the remaining assets as per law.

Dr. J C Vashista (Advocate )     16 February 2025

Very well analysed, opined and advised by learned senior experts, which I agree  to the extend of role / authority of Administrator appointed by the Court.

However, since D is stated to have been expired before testator of the subject will,  accordingly she (D) will not be entitled to the properties bequeathed in her favour as the will shall be applicable only after death of the Testator.

Nagesh (private empolyment)     17 February 2025

Since the Will was executed in favour of his parents (say Person B and Person C) and an younger sister (say  Person D), all the three legatees are the owners having 1/3rd Share, I presume.

However Letter of Administration is granted to Person D. and she also holds 1/3rd Share in the property by virute of testementary succession.

So I will reckon,   Person  B, C and D are the absolute owners of the property having 1/3rd share each and  Person D is to maintain the assets of the Testator.

Correct me if  I am wrong.

And thank you all for your valuable inputs.

Nagesh

 

T. Kalaiselvan, Advocate (Advocate)     17 February 2025

Your understanding is correct, the role of administrator is that he or she has the authority to manage and distribute the assets of a deceased person's estate, here D herself is one of the beneficiary, she will also be entitled to one third share. 

Nagesh (private empolyment)     18 February 2025

Thank you very much Mr.Kalaiselvan.

regards,

Nagesh

 

T. Kalaiselvan, Advocate (Advocate)     18 February 2025

You are welcome for your appreciations, Mr. Nagesh


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