Apply for Letter of Administration if deceased died without making a Will

Apply for Letter of Administration if deceased died without making a Will Application shall be made in Form No.103 with Schedule of Property in Form No.98, Appearance, Administration Oath in Form No.118 & Court Fees. You need to deposit Death Certificate, Administration & Surety Bond separately. Rule 376 of Bombay High Court Rules provides for making Application for Letters of Administration where the deceased died intestate. The application for letters of administration in cases where the deceased has died intestate shall be made by petition. There shall be annexed to the petition (1) a schedule of the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to the petitioner's hands.(2)a schedule showing the debts of the deceased and all other items which by law the petitioner is allowed to deduct for the purpose of ascertaining the net estate of the deceased, and (3) a schedule of property, if any, held by the deceased in trust for another and not beneficially or with general power to confer a beneficial interest. The petition shall be in Form No. 103 with such variations as the circumstances of each case may require and shall be accompanied by - (a) the Vakalatnama signed by the petitioner (Form No. 5) unless the petitioner appears in person; (b) the administrator's oath (Form No. 104); and (c) a copy of the estate duty return, if filed with the Controller of Estate Duty. The schedule to the petition shall be in Form No. 98, 99 and 100 respectively with such variations as the circumstances of each case may require. Administration Oath in Form No.118 & Court Fees. You need to deposit Death Certificate, Administration & Surety Bond separately. After Registration of Your Testamentary Petition, you will get auto generated first date of hearing wherein, you will be directed to issued Citations, Notice to the Collector, File Affidavit of Service, Consent Affidavits, Administration Bond. On second date of hearing, the Testamentary Registrar will ensure compliance of directions issued by him on first date and upon satisfaction will order to issue the Letter of Administration. However, if your Application is challenged by filing Caveat by any of non consenting heirs, you will require to convert you Petition in to Testamentary Suit, after which, the regular trial of leading evidence, issues and full court hearing will be done.