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Q.

Under which Section Letter of Administration can not be granted to a person if not named in the Will?

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0 2023-08-23T13:19:25+00:00

A letter of administration is a legal document that grants the authority to administer the estate of a person who died without a will

. In India, the letter of administration is governed by the Indian Succession Act, 1925.

According to section 234 of the Indian Succession Act, 1925, a letter of administration cannot be granted to a person if not named in the will, unless:

  • The executor does not exist, or refuses to act, or is incapable of acting, or is untraceable.

  • The executor has died before obtaining probate or letters of administration with the will annexed.

  • The executor has died after obtaining probate or letters of administration with the will annexed, but before he has administered all the estate of the deceased.

In such cases, the letter of administration may be granted to the person who would have been entitled to administer the estate in case of the deceased dying intestate. This may include the spouse, children, parents, siblings, or other relatives of the deceased.

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