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POOJA (ARTICLE ASSISTANT)     24 February 2024

copy of Letter of administration

can city civil court has a power to ask for records of letter of administration available with high court at the request of against petitioner of letter of administration towards rewards of summary suit?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

If the plaintiff is relying upon this as his side evidence then it becomes his duty to produce the same by obtaining the certified copy of the  order 

POOJA (ARTICLE ASSISTANT)     24 February 2024

third party certified copy of LA is difficult to get.. it got rejected.

anjali tamrkar   26 February 2024

LOA (Letter of Administration) is an official court document issued for the purpose of giving authority to a person (it is granted) to administer all the estate of a deceased person. It is issued in case when a person dies intestate (without leaving a Will). Letter of administration gives legal right to the person to administer the estate of a deceased person. In cases when there is not any executor of Will then the beneficiary can apply for a letter of administration in the court.

Under the following circumstances, a request for a Letter of Administration (LOA) can be made:

1.When there is no Will;
2.When Executor declines or fails to accept executorship within the prescribed time period;
3.When no executive of the will is appointed in the Will;
4.When executor refuse to act or is legally incapable to do so;
5.When the executor dies prior to administration of the estate.

 Acco to Section 223 of the Indian Succession Act 1925, which deals with the person to whom probate or letter of administration cannot be granted. It cannot be granted to a person who is a minor or is of unsound mind. It cannot be even granted to any associations of individuals unless it is a company which satisfies the conditions prescribed in the rules.

 Answer to the above query 
Yes,the city civil court ask has a power to ask for LOA with Highcourt at  the request of against petitioner of LOA  towards reward of summary suit.

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