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Sharan   13 December 2022

Letter of administration of joint property

Two borthers A & B jointly Owned a property of CIDCO.

B died and his son (LR) wants to take share of this property through letter of Administration or succession certificate with no objection.

Property Is not divided 

Can court issue letter of Administration in name of B's son ?? To the extent of B's share or portion?

If yes, How?

Is partition suit needed to execute first?? 



Quick Summary
A query arises regarding obtaining a Letter of Administration for a deceased brother's share in jointly owned CIDCO property, especially when the property remains undivided. The discussion explores whether a court can issue such a letter for a specific portion without a prior partition suit, and clarifies that a Legal Heir Certificate might be more appropriate than a Letter of Administration in cases of intestate succession for joint property.

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     14 December 2022

Hello, 

Your brother's son can take legal heirship certificate from court for the share of brother's property. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 December 2022

Your brothers' son is entitled to share of his share of property with a letter of administration. Letter of Administration is granted to the beneficiaries after they apply to a Court of law having competent jurisdiction. Letter of Administration entitles the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death

1 Like

P. Venu (Advocate)     14 December 2022

In the absence of  Will and property left intestate, what is required is a Legal Heir Certificate, not Letter of Administration.

Sharan   14 December 2022

It is joint Property and no partition is done.

So still can I ask for letter of Administration only for my or my father's part of property

If yes how?

Is it just ok to mention that property is joint property and j just want letter of Administration for my part?

It is Property of CIDCO, so they ask letter of Administration olny


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