INTRODUCTION
The 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. If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the would be entitled to the whole or any part of such deceased’s estate.
RELEVANT PROVISIONS
Sections 218, 219, and 220 deal with the letter of administration.
DEFINITION OF ADMINISTRATOR
According to section 2 (a) of the Succession Act, of 1925.
“Administrator” means a person appointed by the competent authority to administer/manage the estate of a deceased person when there is no executor.
WHAT IS LETTER OF ADMINISTRATION
The letter of administration is a document that may be granted by a competent court to any person, who is called administrator, in which document the distribution of the estate of the deceased has died intestate, is mentioned, and this document grants the power to the administrator to administrate the deceased estate.
TO WHOM ADMINISTRATION MAY BE GRANTED
1. FIRST CASE
Where the deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina, or exempted person.
If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist Sikh or Jamna or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased’s estate.
When several such persons apply for such administration, it shall be in the discretion of the court to grant it to any one or more of them.
When no such person applies, it may be granted to a creditor of the deceased.
2. SECOND CASE
Where the deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina, or exempted person.
If the deceased has died intestate and was not a person belonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated namely.
(a) If the deceased has left a widow, administration shall be granted to the widow, unless the court sees cause to exclude her, either on the ground of some personal disqualification or because she has no interest in the estate of the deceased.
ILLUSTRATION
- The widow is a lunatic or has committed adultery all interest in her husband’s estate There is cause for excluding her from the administration.
- The widow has married again since the decease of her husband. This is not a good cause for her exclusion.
- If the Judge thinks proper he may associate any person or persons with the widow in the administration who would be entitled solely to the administration if there were no widow.
- If there is no widow or if the court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled to the estate according to the rules for the distribution of an intestate’s estate
- Those who stand in equal degree of kindred to the deceased are equally entitled to administration
- The husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband
REFERENCE U/s 19(H), Court Fees Act 1870
Once the collector or the Chief Controlling Revenue Authority has been informed under section 19 (H) of the court-Fees Act 1870 and they have not made any motions as required under section 19(H) within a reasonable time the grantee of the probate or letters of administration need not be delayed on that score In fact, the very object for which the probate or letters of administration is obtained is likely to be frustrated by the delay that may be caused by the collector or the Chief Controlling Revenue Authority.
EFFECT OF LETTER OF ADMINISTRATION
The 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.
PROBATE BY A DISTRICT JUDGE
Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge Under the seal of his court. if it appears by a petition, verified as herein after provided of the person applying for the same that testator or intestate, as the case may be at the time of his decease had a fixed place of abode, or any property, movable or immovable within the jurisdiction of the judge
CONCLUSION
The letter of administration may be granted to the administration by the District Judge under the seal of his court if it appears by a petition for the estate of the testator or intestate deceased.
FAQs
Write a short note on “Letters of administration.”
(2016-S, 2012-S, 2011-S, 2010-S, 2009-S)
What is a “letter of administration”? To whom it may be granted and what is its effect?
(2007-S)
