My mother lives in Kadapa city in Andhrapradesh state in India. My mother is the legal heir of her brother who died on 13 th May, 2021. It is hard to obtain Family member certificate. Her deseased brother left a land of 300 square yards in a village in Andhrapradesh city. Her brother died intestate, i.e.., he had not written any will. Can she obtain the letter of administration and show it to sub-registrar to transfer the registration on her name ? Does the sub-registrar accept the letter of administration instead of Family member certificate ? Howmuch does it cost to obtain the letter of administration ?
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I presume brother was bachelor and your mother only legal heir
2) she can apply for and obtain letters of administration from district court
3) enclose copy of death certificate of brother
4) schedule of property
5) pay the court fees
6) she should get LA in 6 months if there is no contest
7) legal fees vary depending upon lawyer engaged by you
8) then apply for mutation of property in her name
Does the sub-registrar accept letter of administration as an alternative to Family membership certificate ?
You have to approach sub registrar in your city in this regard
letters of administration is applied for when person dies intestate
notice is issued to legal heirs
if there is no objections received then only LA would be issued
it should be accepted as it is orders passed by court authorising you to administer estate of deceased
- As per law after the death of your brother , his property would be devolved upon all his class 1 legal heirs .
- But, if he was unmarried then the property would be devolved upon his father , mother and other siblings including your mother as per Muslim Law.
- She can get the legal heir certificate from the office of Registrar /Tehsildar after enclosing the details of all the legal heirs with the death certificate of brother.
- If no other legal heirs alive then she can claimed entire property .
A sister is entitled to share in the property of deceased brother as sharer No. 9. To claim share in the property of deceased brother family member certificate is not the document. A letter of administration is granted only if there is will executed by deceased. In your case, you need to approach municipal authority with death certificate and proof relation with brother and seek mutation of property in the name of your mother. Legal heir certificate, succession certificate, family member certificate etc. do not establish right of inheritance, purpose of such documents is movable property like bank deposits, insurance claim, share certificates etc. A letter of administration is granted by District Court only to manage the estate of deceased where there is no legal heir to take of the estate.
Under the Indian Succession Act, 1925, a LoA can be granted to any person entitled to the whole or any part of the estate of the deceased person. The Applicant has to approach the concerned District Judge and file a petition seeking grant of LOA.The petition has to be rightly drafted mentioning all the requirements as per the law like details of death of the deceased, details of other surviving legal heirs and beneficiaries, the right in which the applicant claims, description of assets and amounts,Along with the Petition, all the relevant documents have to be annexed
In letter of administration, court usually asks the petitioner proof of death of the testator but there are some vital documents to be needed as well. Following are the Documents required in letter of administration procedure –
the court issues notice to the legal heirs of the deceased to file objections. The Court, if satisfied, will pass an order for grant of LOA in favor of the Applicant.
Dear Sir/Ma'am
You can approach approach the sub-registrar of your area and apply for the letter of administration.
If your uncle had no wife or children or other legal heirs, then your mother can claim all his property as his sole legal heir.
Thank you
What about other legal heirs of yor deceased maternal uncle.
Your mother cannot become a class I legal heir to your deceased maternal uncle.
If there is no Will written on her name by her deceased brother then even the letter of administration that she may obtain from high court will not come to her use to acquire the property left behind by her deceased brother.
he property of the deceased becomes heritable only after the payment of funeral expenses, debts, and legacies. The remaining property, whether movable or immovable, is heritable. Muslim law does not differentiate between corpus or usufruct, corporeal or incorporeal property. There is no concept of ‘joint family property’ and ‘separate property’.
under Islamic law. The nearer heir excludes the remoter one in Muslim law. This means that if two people claim the inheritance, it will be determined according to the degree of closeness to the deceased.
Letter of Administration is granted to the beneficiaries after they apply to a Court of law having competent jurisdiction. Letter of Administration entitles the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death.
Once you have inherited the property as per law and have become an absolute owner of the property then there is no necessity to approach sub-registrar to register the property once again on your name.
Yes it will be accepted by the Subregistar
