Transfer of membership

BEENA SINGH (Querist) 09 July 2014 This query is : Resolved
Hello Everyone,

My queries is that if letter of administration was granted by the Hon'ble High Court in favour of one of the legal heir in respect of the property of deceased.
So is he entitle to get transfer the membership of the flat/ shop on his own name. if yes, then on what ground and under which provisions and if no so what is the ground for that.

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Advocate Ravinder (Expert) 09 July 2014
Yes, he is entitled to transfer his name.

Rajendra K Goyal (Expert) 09 July 2014
Academic query.

T. Kalaiselvan, Advocate (Expert) 09 July 2014
The letter of administration from a competent court of law for the purpose itself is a ground for proceeding with the desired activities related to the immovable property, what else is the clarification you are seeking?

Hemant Agarwal (Expert) 11 July 2014
1. Letter of Administration (LA) is granted by the HC, ONLY after taking consent affidavit of all the declared legal heirs / beneficiaries, who could have consented in the HC, to agree grant of "Administration" rights of the related property, to the LA applicant. This LA decree remains lawfully unchallengable, by the consenting legal heirs /beneficiaries.

2. By virtue of the LA, the LA holder (as a Administrator), is entitled to lawfully do whatever he wishes to do, and submit compliance of the same within six months, after compliance to the HC. LA decree means & includes conducting all related documentations for transfer of property in his own name and/or in any other person which he thinks is proper, without the next need of consent of whatever from the legal heirs / beneficiaries.

Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar

Raj Kumar Makkad (Expert) 14 July 2014
I do agree with the advice of Hemant aggarwal.

BEENA SINGH (Querist) 22 July 2014
Thanks to all of you...

Specially Mr.Hemant Agarwal sir, thank you very much, you have explained me very nicely as I wanted it for practical purpose...thank you much once again.

Rajendra Goyal Sir..thanks to you also it may an academic query but i wanted it for practical purpose