• Letter of administration under Indian Succession Act

Is court decide the transfer of property from Widow (deceased uncle's wife) which is in joint names of parents and widow in the name of NEPHEW under Indian Succession Act,1925 and under which section is applicable for lsuch order of the court for transfer or possession of property(immovable property) in the name of NEPHEW when all parents and Uncle and AUNTY are dead only one child remain to transfer the property in his name.

As per which section of the Indian Succession Act,1925, the court will decide the IInd lier HEIRSHIP of property so that prayer in appeal will be made accordingly. This is a title lsuit appealed before the cout for immovable property(land and building).
Asked 7 years ago in Civil Law

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4 Answers

Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.

This appears to be inheritance of property by class II legal heirs.

Hindu Succession Act, 1956. ... The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act.

Sections 8 to 13 of the Hindu Succession Act, 1956 lay down the general rules as to the order of succession when a Hindu male dies intestate.

Section 11. Distribution of property among heirs in Class II of the Schedule.- The property of an intestate shall be divided between the heirs specified in any one entry in Class II of the Schedule so that they share equally.

This Section provides that when there are more than one heirs in one entry of Class II, they shall inherit equally. For example, Entry III contains four heirs:

(a) the daughter’s son’s son

(b) the daughter’s son’s daughter

(c) the daughter’s daughter’s son

(d) the daughter’s daughter’s daughter.

Thus according to this Section, they all share equally. It should be noted that the legislation does not lay down any rule of discrimination between any male or female. If two heirs are enlisted in the same entry, then irrespective of their sex, they share equally. All the heirs in each one of the entries stand aequali jura and take per capita subject to the only exception that full blood is preferred over half-blood.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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Sub-section (1) of Section 264 speaks of the jurisdiction of the District Judge in granting and revoking probates and letters of administration in respect of all cases within his district, subject to the exception under sub-section (2) of Section 264.

The jurisdiction vested in the District Judge can also be delegated by the High Court on a Judicial Officer within a district and on such delegation, the said Judicial Officer shall act as the District delegate. Section 266 relates to the power of the District Judge to grant probate and letters of administration.

The High Court also is conferred with the concurrent jurisdiction with the District Judge in exercise of all the powers in terms of Section 300. Hence, by virtue of the provisions of Section 300, the High Court is also conferred with the concurrent jurisdiction in granting and revoking probates and letters of administration.

4) nephew has to apply for letter s of administration before the district judge

5) enclose death certifcate of parents and widow .

6) letters of administration should not take more than 6 months

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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1.please read section 10 and 11 of the Hindu Succession Act to know the law of inheritance in the case of class-I and in its absence class-II legal heirs.

2.So for the moveable assets the nephew can file application for succession certificate and for immoveable assets he can simply apply for mutation.

3.If there is rival claims from any other quarter then he may consider filing civil declaratory suit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Your query is not comprehensible to me. if the parents died intestate then their heirs are their children. If they are survived by only one child then he succeeds absolutely to their entire property. Succession will be governed by section 8 of Hindu Succession Act.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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