Letter of administration
gopalaswamyb
(Querist) 15 January 2014
This query is : Resolved
what are the duties of an administer and is there any time limit .one of the benificiery is an administrator and his share is less
so he is silent in executing the will.This has resulted the other benificiery not able to do mutation and dispose of the property.
what is the legal remedy.
Raj Kumar Makkad
(Expert) 15 January 2014
all other beneficiaries should serve a legal notice to the administrator to perform his duty failing which to file a suit for injunction seeking direction of the court in this regard.
Devajyoti Barman
(Expert) 16 January 2014
Has the LoA been granted. if yes then the same court can pass necessary directions upon the Administrator to act as per the directions of the Will.
If not, then the beneficiary of Will can apply for LoA.
Advocate. Arunagiri
(Expert) 16 January 2014
The right choice is to apply for Letter of Administration, the court will pass orders to the Administrator to complete the mutation within a specified time.
Anirudh
(Expert) 16 January 2014
The querist is confusing the Executor with an Administrator.
The querist should understand that the person leaving a WILL will name the Executor in the will itself.
In case no such Executor has been appointed / named in the will, then the beneficiary(ies) have to approach the court of competent jurisdiction for appointment of an Administrator.
In case the executor is not executing the WILL, then the parties (other beneficiaries) have to approach the court by filing a suit for a direction to the executor to execute the will in a time bound manner.
Rajendra K Goyal
(Expert) 16 January 2014
Well explained by the expert Anirudh ji. Beneficiaries can approach court for direction if executor is not taking interest.
ajay sethi
(Expert) 16 January 2014
agree with anirudh .
T. Kalaiselvan, Advocate
(Expert) 16 January 2014
I too agree with the opinion of expert Mr. Anirudh on the subject. He has given a detailed explanation.
