Letter of Administration
Section 218 of Indian Succession Act, 1925 given an ample discretion to the Court in the matter of grant of Letters of Administration where the deceased died intestate. The object behind vesting discretion with the Court with that where a person died intestate, the person in whose favour the Letters of Administration is granted, would carry out certain functions and duties being responsible to the Court.
A grant of administration does not decide any question of title. It merely decides the right to administer. When deciding the grant of letters of administration the Court would not go into the question of title.
It is well settled law that whenever a person died leaving behind him property, whether moveable or immovable, the heir or executor, or legal administrator, may assume the management, or sue for the recovery of the property, in conformity with the law or usage applicable to the disposal of the said property, without making any previous application to the court to be formally recognized. Firstly, An heir, executor or administrator, holding the proper certificate, may do all acts and grant all deeds competent to a legal heir, executor or administrator, and may sue and obtain judgment in any Court in that capacity. Secondly, At the same time as the grant of Letters of Administration confers no right to the property, but only indicates the person, who for the time being, is in the legal management thereof, the granting of such certificate shall not finally determine nor injure the rights of any person; the grant of Letters of Administration. Thirdly, an heir, executor or administrator, holding a certificate, shall be accountable for his acts done in that capacity to all persons having an interest in the property, in the same manner as if no certificate had been granted. Conversely, therefore, it can be said that if the certificate is granted, then it does not finally determine the rights of the person in whose favour the certificate has been granted and does not take away the rights of other person to establish his claim in the competent Court.
The grant of Letters of Administration does not establish the right of such party in the property of the deceased by itself. In this view of the matter, the rights and share of the non consenting legal heirs in the property of the deceased will not taken away by grant of Letters of Administration to the Petitioner. On the other hand it is also important to note that such Letters of Administration holder is accountable to all the legal heirs including minor having an interest in the property of the deceased.
How to apply for Letter of Administration
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