Letter of admin.
ts
(Querist) 08 June 2014
This query is : Resolved
My father and uncle got a probate order from the court in 1998 which stated that they were entitled to Letter of Administration in respect of Will with subject to furnishing the following -
Estate Duty clearance
Valuation Report
Requisite Court Fees
Administration Bond and
One Surety."
My father and uncle did not fulfill any of the above said conditions laid down by the court regarding the Letter of Admin. as they were not in good terms.
Now 21 years have passed by -
1.Is the probate order still valid and can it come into force after the conditions laid down in the order be fulfilled.
2. Can we the legal heirs of our father alone without the legal heirs of our uncle approach the court to initiate the Letter of Admin.
3.Can this order be revoked by the courts in any conditions i.e. due to time barred limitations. or any other reasons.
4. If a property is sold before the obtaining of the Letter of Admin. will it be a valid transaction.
5. If the power of attorney be given regarding any property mentioned in the assets of the will it be considered a legal act.
Thanks ...
Devajyoti Barman
(Expert) 08 June 2014
How many queries would you post?
I regularly see you posting queries quite regularly to solve your daily professional problems.
Raj Kumar Makkad
(Expert) 08 June 2014
1 No.
2. No.
3. It has lost its validity due to passage of more than 12 years.
4. No definite answer because it is based upon various factors which you have not shared here.
5. It depends upon various factor.
ts
(Querist) 09 June 2014
Thanks Mr. Makkad ..
Is 12 years some limitation...
What will happen to our family assets now.
How should we approach it now.
Dr J C Vashista
(Expert) 09 June 2014
Q 1.Is the probate order still valid and can it come into force after the conditions laid down in the order be fulfilled.
A. I agree with the expert advise of Sh. Raj Kumar Makkad, it is invalid
Q 2. Can we the legal heirs of our father alone without the legal heirs of our uncle approach the court to initiate the Letter of Admin.
A. I agree with the expert advise of Sh. Raj Kumar Makkad, it is time barred, were you sleeping through out elapsed period of 21 years, if yes, forget.
Q 3.Can this order be revoked by the courts in any conditions i.e. due to time barred limitations. or any other reasons.
A. I agree with the expert advise of Sh. Raj Kumar Makkad and the query is already replied
Q 4. If a property is sold before the obtaining of the Letter of Admin. will it be a valid transaction.
A. I agree with the expert advise of Sh. Raj Kumar Makkad, however, you may take a chance.
Q 5. If the power of attorney be given regarding any property mentioned in the assets of the will it be considered a legal act.
A. Since the executor of POA is not the owner, it will be illegal.
R.K Nanda
(Expert) 09 June 2014
agree with experts.
Rajendra K Goyal
(Expert) 09 June 2014
Repeated:
http://www.lawyersclubindia.com/experts/Probate-and-letter-of-admin--467431.asp#.U5U3iyhKqRQ
For any further query use same thread.
ts
(Querist) 09 June 2014
Thanks ,,,
The assets and liabilities are still not distributed as per the will, rather one property was sold and as you have rightly said that transaction is in valid.
What should we do with the will which was probated, can we approach the court for any kind of relief or the people who have the possession of the properties become owners .
Thanks again ...
Guest
(Expert) 09 June 2014
Consult a Lawyer with all documents
ts
(Querist) 09 June 2014
What should we do with the will which was probated, can we approach the court for any kind of relief or the people who have the possession of the properties become owners .
ts
(Querist) 09 June 2014
Ajay sir,
it was repeated because it was not answered in the original thread ...
please answer as your advise is always been helpful...
thanks ...
Raj Kumar Makkad
(Expert) 09 June 2014
Even if your original query was not well replied, you might have been confined to your original thread.
Dr J C Vashista
(Expert) 10 June 2014
You have been equipped with sufficient knowledge about the legal preposition by experts on the subject matter (besides the fact that this is your repeated thread), now it is your turn to proceed.
Engage a local lawyer.
V R SHROFF
(Expert) 10 June 2014
u SAID "I am a Lawyer in New Delhi"
AND PROFILE SHOWS 'YOU ARE A MANAGER"
AND ALL YOUR QUERIES PROVES , WHAT MR. BARMAN POINTED OUT HERE.
This site helps genuine personal problem of needy persons who cannot afford Advocate.
YOU UR SELF IS ADVOCATE AS WELL AS MANAGER!!!!.
ts
(Querist) 10 June 2014
Thanks for the help ...
I can afford a lawyer and had to engage a local lawyer, but before approaching anyone i needed the help here to understand the basics of my case before i approach a lawyer...
all my queries in this forum have been related to two cases one is a rental case in which i am a tenant and another in which i am a legal heir of a property for which there are some family problems and this fact can be checked from my queries . The help i received here was tremendous for me to understand the case and discuss with my lawyers and i hope that is the purpose of this forum..
But still any way i am unable to understand the purpose of this forum and could be some other vested interest of some members on this forum , please kindly show me the thread where it mentions the purpose and the need of this forum and i will approach accordingly ...
Thanks to all the people who have helped here Mr. Makkad , Mr Vashisjta and Mr. Nanda
and further thanks to others who are a bit rude on this forum and who tried to explain me the satvik purpose of this forum ...
Thanks ...
Raj Kumar Makkad
(Expert) 10 June 2014
Welcome for your appreciation but I clear one thing that the experts here devote their free of cost service to those needy persons who either can't afford the hefty fee of lawyers or who don't know what to do in the light of prevailing situation and if someone capable to engage the lawyers, is using the otherwise very limited time for his own purpose, this is nothing but a clear loss to those needy persons.
You are a lawyer as well aa a Manager and the litigant, what so ever may be your true introduction, the aim of this section has already been clarified to you.
ts
(Querist) 10 June 2014
Thanks a lots Mr. Makkad ...
Yes i am a lawyer who is also a litigant and i always thought it was nothing wrong to discuss any matter of law here, before i approach any lawyer...
isn't this a place where lawyers should discuss any matter of law with other lawyers to clarify on a point...lawyers forum... not for lawyers... on legal issues...
well if i am wrong i should not be part of this forum then...
please clarify sir ,,.
Raj Kumar Makkad
(Expert) 10 June 2014
Dear ts Sir! This site is definitely a forum to discuss between public to lawyers and lawyers to lawyers but this specific section of site called EXPERTS is solely attributed to general litigants. If the lawyers have to discuss anything with lawyers then he should post his problem in FORUM section of this site.
ts
(Querist) 11 June 2014
Thanks sir ...
At least same sane voice who wants to help and not take out his ire on others.
Thanks, in future i will place my queries in the forum...
oh yes sorry again to all those to whom i caused
inconvenience due to my folly... at least i should be decent enough to ask sorry to all those enlightened ones..
.thanks again...
T. Kalaiselvan, Advocate
(Expert) 13 June 2014
@Mr. ts: I think your query "What should we do with the will which was probated, can we approach the court for any kind of relief or the people who have the possession of the properties become owners" still remains unsolved?
Well, please clarify the issue if you get an answer from your advocate whom you intend to engage for this purpose.
ts
(Querist) 13 June 2014
Thanks Mr Selven thanks a lots for framing the query ,,,
whats your opinion on the issues...
Dr J C Vashista
(Expert) 14 June 2014
Please show the document/case file to your lawyer (if engaged earlier otherwise engage now)and proceed.
Before that stop this thread.
