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Letter of adminstration process!

(Querist) 30 October 2011 This query is : Resolved 
A land was in the name of a person but there was no nominee nor he created any will.
Now we are told to bring a letter of administration from the court to transfer the land in the name of his legal heir/widow. Though the process of the same is going through, we doubt whether our lawyer is following the correct procedure or not. So, can anybody provide me with the exact and whole procedure of getting Letter of administration issued by the court?

sanjeev murthy desai (Expert) 30 October 2011
Letter of administration is granted only where Will is existence. In your case there is no need to get letter of administration from the court. It is advisable to get inheritance certificate from the competent authority. Asset of demised person automatically devolved upon his legal heirs as specified in the succession act.
prabhakar singh (Expert) 30 October 2011
Mr. sanjeev murthy desai has rightly opined.

A probate /or letter of administration can not be granted in your case as the deceased owner has died intestate without leaving any will.
Only an application and affidavit claiming to be heirs under hindu succession Act 1956 along with death certificate of deceased is required to be moved before the authority/tehsildar/municipality wherever the deceased's name was recorded by Mutation.

You are not going on right track if you have applied for Letter of Administration.
Shailesh Kr. Shah (Expert) 30 October 2011
So,There is no will in existence then no need to get letter of administration from the court.

Ask your lawyer to get inheritance certificate not Letter of administration.
Ganesh Chowdhury (Querist) 30 October 2011
Thanks all for replies.
I doubt whether a lawyer can make such a mistake. I will check all the facts once again and get back here.
Ganesh Chowdhury (Querist) 31 October 2011
There is a slight change in the facts. The land is in the name of a co-operative society and the deceased person has a share in the co-operative society. Now its given in the co-operative societies act that if a person dies without a nominee then a letter of administration has to be obtained in the name of legal heir/widow.
Now I guess my query is clear.
ajay sethi (Expert) 31 October 2011
where are you located? whcih cooperative societies act you are talking about?
Ganesh Chowdhury (Querist) 31 October 2011
West Bengal
sanjeev murthy desai (Expert) 31 October 2011
Dear Mr. Sourav Modi,

Please go through the by-laws/moa of the co-cooperative society. kindly follow as per by-laws of the co-operative society.
Ganesh Chowdhury (Querist) 31 October 2011
Dear Mr. Desai

My query is not regarding whether letter of administration is required or not in the given case. It is what is the procedure of obtaining letter of administration from the court and this is something not mentioned in the bylaws/MOA of the co-operative society.


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