Probate and letter of admin.
ts
(Querist) 20 April 2014
This query is : Resolved
My Father and my Uncle received 2 properties on the basis of the will of my G. Father.
The will was filed for Probate and the court ordered some 15 years back as such -
" The Probate Petition is allowed and i hold that the petitioners are entitled to the grant of Letter of Administration
in respect of the will and the assets and effects of the Mr.A (my G Father) as detailed in Annexure A with subject to the petitioners furnishing Estate duty due,clearance,requisite court fee, and Admin Bond with one surety".
My father and uncle were in bad terms so they never did any of the act as directed by the court's order.
My uncle sold his undivided share of Prop. A without our knowledge.
He also gave the possession of the Prop. B to someone by giving the power of attorney of Prop B to someone 8 years back though it was mentioned in the will that to claim that property he has to pay us Rs. X as mentioned in the will.
My queries are -
1.Have my father and uncle acquired the Title of the properties after the Probate Order or the Probate Order just states that the will is valid.
2.Is the Probate order still valid after 15 years,if we pay the requisite stamp duty and fulfill the due requirements as ordered by the court or is the order time barred and null and void now.There was no date constraint mentioned in the order.
3.What are the validity of the Sale
Transaction made by my uncle.
4.Can my uncle give possession of the place by way of Power of Attorney to anyone without paying us the amount as mentioned in the will.
5.Can i claim back the posses ion from the person who occupies this place by stating that i am the co owner of the place as my uncle has not paid me anything as mentioned in the will yet and it is a trespass or you pay me rent for the place.
Thanks...
Devajyoti Barman
(Expert) 20 April 2014
whoa re you and how are you connected to this query?
You are regularly found to post here queries of different legal topics.
ts
(Querist) 20 April 2014
Yes sir i am a lawyer by profession as i have already mentioned who is in the field of Tax.
In my daily practice of Tax I come across various queries of my clients which are not related to Tax and I try to learn various aspects of law in this forum here.
I think that is the basic purpose of this forum sir. Please if i am wrong some where please let me know and i will correct it as accordingly.
If anyone has any query related to Tax please message me and I will be most happy to oblige.
With all respect to everyone here.
Thanks ...
Devajyoti Barman
(Expert) 20 April 2014
Yes is answer to all your queries except question no. 5 which will be 'no'.
Dr J C Vashista
(Expert) 21 April 2014
1. Although the title has been declared to be transferred in the name of beneficiary of the will on the basis of probate order, yet it is incomplete for want of "... furnishing Estate duty due,clearance,requisite court fee, and Admin Bond with one surety" and letter of administration has not so far been issued by the Court during elapsed 15 years.
2. The Court order still holds good and action can be taken even now.
3. The transaction of transfer of title (made by your uncle) is invalid.
ts
(Querist) 21 April 2014
Thanks to all,
Dr.Vashista what are your opinions on queries 4 and 5 please.
ts
(Querist) 21 April 2014
Dr.Vashista if you say those sale transaction are in valid what are the remedies with us. How should we move for the cancellation of Sale Deeds or the purchaser can also ask for those acts which are not yet performed as per the Probate Order.
Can he give Power of Attorney of the property B or not.
Thanks again ...
Dr J C Vashista
(Expert) 21 April 2014
Dear TS,
Reply to Q 4 & 5 is as under:
Possession of the property can be given to any one.
However, since the partition of the property is yet to be done, it can not be specified which portion is owned by your uncle, you can seek injuction being joint/co-owner of undivided property.
Payment or no payment made is altogather different issues and immaterial with respect to possession.
