Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mihir..... (Wealth Manager)     15 November 2013

Letter of administration

My client has obtained the letter of administration from the high court to submit it to the society a flat was owned by their father. Father left behind two legal heirs, and both the heirs are the administrator in the LA. 

 

Even after this, the society is demanding a court order for the legal heirs to be able to sell their flat. The advocate says there is no need for such order and the society is not listening. 

 

After the letter of administration is submitted, and both the legal heirs have become the members of the society, can they sell the flat or do they have to obtain yet another order from the court ?

 

Thanks.



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 November 2013

Legal heirship certificate is not required as you have became the member of society you can very well deal with the property.

2BHelpfull (Other)     16 November 2013

letter of administration of High Court is conclusive proof .

 

After the letter of administration is submitted, and both the legal heirs have become the members of the society, can they sell the flat or do they have to obtain yet another order from the court ?

 

After u become member/owner u can deal with ur property as per ur wish ,

but if a another legal hier comes n claim its part then u and the society will be in trouble ,may be this be reason for asking order copy for there society safety.

Mihir..... (Wealth Manager)     16 November 2013

Thank you for your reply.

The client (individual and his brother) are the only legal heirs of the deceased, and both have become the members of the society as well as joint administrator as per letter of administration. They have also submitted a certificate of no-objection/claim from an advocate for the notice issued in the newspaper regarding this property. They have given an notarized affidavit to the society declaring that they are the only legal heirs. All the formalities have been complete, and yet the society is demanding more and more such documents, which is completely unfair. 


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