• Making a change in LOA or having a POA being granted in favour of another in relation to the LOA

Letters of Administration have been granted by the Bombay HC 2002 to my uncle. He is now old 85 and does not wish to continue as the Administrator due to health. 
1) Can he give me a POA to be able act on his behalf? If so, will a registered POA be sufficient for this? Can this be disputed in court? 
2) If not how do you go about changing the letters of administration? Can the Administrator be someone other than the direct beneficiary of the deceased. 
Many thanks and Kind regards, 
Poonam
Asked 6 days ago in Property Law
Religion: Hindu

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7 Answers

1) Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death

 

2) Administrator is the legal representative for all purposes and all the property of the deceased person is vested in him

 

3) No other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased.

 

4) he cannot execute POA in your favour to act on his behalf 

 

5) in event POA is executed in your favour application can be made to court for revocation of LA granted in your favour 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

1. As per law, when a person dies intestate then his legal heirs can apply to the Court for getting the Letter of Administration , hence it is non transferable. 

- Your uncle cannot execute POA in your favour to act on his behalf , and it can be disputed in the court. 

2. The other beneficiary will have to approach the court 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

1. When a person dies intestate i.e. without leaving a Will or any testamentary document, in such cases, through the issuance of Letters of Administration (LOA), an administrator is appointed by the Court to administer the estate of the deceased person.

The administrator or the executor may not delegate his powers to a power of attorney agent for any reason. 

2. Section 234 (2) (d) of the Succession Act, permits courts to revoke letters of administration that have become “inoperative.” A grant may have been properly made but for a reason that has occurred as a result of subsequent events, it may become necessary for the Court to revoke the grant for practical reasons.

 

Section 263 Revocation or annulment for just cause

The grant of probate or letters of administration may be revoked or annulled for just cause.

Explanation.-Just cause shall be deemed to exist where-

(a) the proceedings to obtain the grant were defective in substance; or

(b) the grant was obtained fraudulently by making a false suggestion, or suggestion, or by concealing from the Court something material to the case; or

(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or

(d) the grant has become useless and inoperative through circumstances; or

(e) the person to whom the grant was made has willfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.

 

 

Thus as per the provisions of law as enumerated above, it can be noted that the letters of administration can be revoked as the grant has become useless and inoperative through circumstances, hence there is no question of the administrator giving a POA deed to carry out the task granted to him by court.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

1. i do not think that an administrator can give a POA to any person to administer the estate of the deceased, since the administration entrusted to him is personal to that person and cannot be delegated to any other person

2. if your uncle is unable to administer the estate due to his old then you can apply for his discharge or removal u/s 301 of the ISA by making an application to the Court

3. the court will appoint a successor in place of your uncle

4. if the proposed administrator is related to the deceased or is his legal heir, then he can apply for his appointment as new administrator in place of the original administrator sought to be discharged/removed 

Yusuf Rampurawala
Advocate, Mumbai
6251 Answers
52 Consultations

5.0 on 5.0

Dear Sir

Letters of Administration are official documents issued by a court that grant an individual permission to access and manage an Estate after someone dies.

This individual made in charge of paying outstanding debts and distributing property to relatives.

No other than the person to whom the same may have been granted shall have power to sue, prosecute, or  act as representative of the deceased.

This means that your uncle cannot execute POA in your favor and this could possibly be disputed in court.

Thank you

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

1. No. He shall have to approach the Court informing that he is unable to continue as the Administrator due to his old age and ill health recommending your name as the next administrator.

 

2. The Court will decide who it will appoint as the next Administrator. 

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

An administrator can't give such poa the beneficiaries may object. 

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

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