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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.



 2 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.


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