Letter of Administration

If someone dies interstate before administration of estate is entrusted to someone or when no executor is appointed under the will of deceased or when executor is appointed but he refuses to act, then Letters of administration may be issued to entitle the administrator to all rights required for effective administration of the estate of deceased. An application is to be filed to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts.

How to apply for Letter of Administration

1-Application

a- Form for the grant of Letters of Administration is in Schedule VII of Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application can be made 14 days after the death. The court grants the letter to beneficiary on being satisfied and if no one applies it may be granted to the creditor of the deceased.

b- Will has to be duly executed and petitioner’s name must be there. Details like time of death, amounts of assets have to be mentioned.

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1) petition for obtaining letters of adminstration has to be filed

2) you have to enclose the will and death certifcate of uncle

3) pay court fees

4) mention name of all legal heirs

5)other legal heirs can execute consent affidavit

6) if there is no contest it takes around 6 months

1. The process is simple-Engage a lawyer who will do the needful.

2. Many Bombay HC lawyers are on this portal, you may engage any.

3. Only the legatees have to file the petition against the other heirs.

The process is a long one and it may be difficult for layman to understand this process.

In one line it is filed in Original Side jurisdiction of the high court and takes around 6 months of time.

It would better for you if you contact a local lawyer who will inform you all the procedure in details.

The online process is very complex go through below mentioned link for compliance.

https://bhc.mahaonline.gov.in/FORMS/Home.aspx

The names of legal heirs only required.

Letter of Administration is issued by a competent authority (court) and appoints the Administrator to dispose of the property of a person. It is required when :

Testator has failed to appoint an executor under a Will OR

Where the executor appointed under a Will refuses to act OR

Where executor has died before or after proving the Will but before administration of the estate.

The court on receiving satisfactory proof of valid execution of the will issues letter of administration to the beneficiary. The application for letter of administration has to contain the following details

The time of the testator’s death

That the writing annexed in his last will and testament

That it was duly executed

The amount of assets which are likely to come to the petitioner’s hands, and

The petitioner is the executor named in the will.

If Executor is not appointed in the Will, than you have to appoint a person who will administer the properties of the deceased as per Will and said person will be called as Administrator and we have to obtain Letters of Administration (LOA) from the Court in lieu of Probate.

Preferably, all the Heirs should give their Consent Affidavit to this Petition for Probate / Letters of Administration;

Any one of the attesting witnesses have to file the Affidavit.

Court Fees:

If value of the Property is about Rs.11.00 Lacs, than the Court fees payable is Rs.75,000=00. This is the maximum Court fees payable, irrespective of the value of the property.

If the Bonafides of the Will is not challenged, than, the approximate time to get Probate / LOA is Six months.