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Darshan   20 December 2018

Register letter of administration in sub registrar office

I have been asked by "Tahsildar Office" to Register Letter of Administration, obtained from Bombay High Court. Once it is registered then only the Tahsildar Office will be able to carry out necessary Mutation.

My Question:-

1. Is Letter of Administration obtained from High Court is different to Court Order ? Or

Court Order and Letter of Administration is one and the same. ?

 

2. Can the Registrar office, Register the "Letter of Administration" under Indian Registration ACT 1908 ? Ammendment carried out in 2010 of the India Registration ACT 1908. 

 

 

 

 

 



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 4 Replies

Siddharth Srivastava (Advocate)     20 December 2018

1. No.
or
Yes.
2. yes, it requires to be registered.
1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     20 December 2018

Agreed with the advise of Mr. Siddarth Srivastav ji.   Show the Letter of Administration to the Sub Registrar concerned.  He will guide you how to register it.

2 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 December 2018

1.  Letter of Administration (LA) is a Court Decree issued by state High Court, for properties of a deceased, when the person has not made a will for his properties.  It is a final Court Decree and the Registrar of Sub-Assurances is bound by it and he has no jurisdiction to register the Letter of Administration.

2.  HOWEVER, based on the said LA, registrar of sub-assurances is bound to register the property document, wherein the property document may have to be duly stamp duty paid and registered, BUT not the LA.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

1 Like

Darshan   21 December 2018

 1. Tahsildar Office is strongly directing me to get this Document (Letter of Administration) Registered. " Or " Get a written reply from the Sub Registrar office stating that following is the reason for which Letter of Administration cannot be registered. The said reply from the Registrar Office should also state or direct the Tahsildar office to carry out necessary mutation in land record, after which the Tahsildar office will proceed further for mutation purpose.

2. The registrar office says that we are not bound to Register "Letter of Administration" because its a Probate.  However, we will give a reply as per our procedure and not as per the direction of other department senior officers.

3. This leaves me in Limbo between the two departments, Firstly, Tahsildar office and Secondly the Registrar Office.


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