Power of executor

SRINIVASA (Querist) 12 December 2014 This query is : Resolved
The will is in probate court and out of 6 beneficiaries, 2 have filed objection and the probate is pending for the past 5 years. The property is in vacant posession and is not yield any income.

My query is whether the Executor can enter into lease agreement for letting the property since there is no revenue being generated for payment of taxes and maintenance of property. If he can, whether the lease agreement is binding on beneficiaries in future after probation of will

Kindly clarify

With regards

Srinivas

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ROHIT SHARMA (Expert) 12 December 2014
Dear Mr. Srinivas,

1. Since the matter is subjudiced and you have yet not received any letter of administration as an Executive then leasing such property will be unlawful unless you get permission of the court to do so.

SRINIVASA (Querist) 12 December 2014
Thanks for the reply. But the property is
in vacant posession and to pay the taxes also there is no revenue. Under these circumstances can he take a decision to let out the property to generate income to maintain the property and also to meet legal expenses

ajay sethi (Expert) 12 December 2014
Under sub-section (1) of Section 211, the executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes and all the property of the deceased vests in him as such. Under Section 213, no right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction has granted probate of the will under which the right is claimed or has granted Letters of Administration with the will or with a copy of an authenticated copy of the will annexed.

under th e circumstances executor has no power to execute lease deed in respect of the property

Devajyoti Barman (Expert) 12 December 2014
Executor can do so only if court so permits.
Apply for such permission with undertaking to provide accounts periodically.