If a person passes away intestate, that is, without leaving a Will or any other testamentary documents, the court will appoint an administrator by issuing Letters of Administration to handle the estate of the deceased. If all that is left is transportable property, a Succession Certificate must be requested. However, if the estate only or fully consists of movable property, the court must first issue Letters of Administration before the estate can be managed. Even the operation of the deceased person's bank-maintained locker or lockers requires a LOA. The LOA grant procedure is governed by the provisions of the Indian Succession Act.
Situations where LOA is
permitted include:
Only the circumstances
listed below qualify for a grant of
letters of administration intestate request:
when there is no will; when the decedent's
will does not name an executor; legal impossibility or the executor's
unwillingness to carry out their duties; failure of the executor of the
decedent's will to accept the executorship within the timeframe required for
such acceptance; the executor's death prior to the state's administration
The following people are
eligible for the position of administrator:
·
Anybody may be given the authority to
administer the decedent's assets in line with the following regulations if the
decedent was an exempt person, or if he belonged to one of the organizations
·
if many parties petition, the Court's
discretion; the proper statutes governing the disposal of the inheritance;
·
If no one submits an application, the
deceased debtor will, and if none of the aforementioned situations apply,
administration may be granted to the following individuals in the following
order:
·
Unless it is disqualified owing to a
personal ineligibility, such as insanity or adultery, or because she has no
interest, the husband will be appointed to the widow in the event that the wife
passes away. In the absence of a widow, the mother will have full power over
the estate; in the absence of a widow, the estate must be allocated to a person
who would be eligible for it under the distribution rules.