The property may be ancestral or self-acquired property may devolve in two ways i.e., a) By testamentary succession i.e., the deceased died by executing will bequeathing his properties to specific heirs and b) By intestate succession when the deceased died intestate without executing Will or any deeds. The transmission could either be by way of a will or by the operation of law. The Indian Succession Act, 1925, is the principal legislative measure in India dealing with the substantive law of testamentary succession in regard to persons other than Muslims and intestate succession in regard to persons other than Hindus and Muslims. In this article, we shall study about the administrator of the will in the case of intestate succession.

Intestate Succession:

Succession of the person dying without leaving a valid and enforceable Will, is called Intestate Succession. Principles of distribution of assets in this regard are based on personal laws applicable to Deceased. In case of a person other than Hindu or Muslim dying intestate, the Indian Succession Act, 1925 is applicable.

Administrator:

The term administrator is defined in S. 2(a) of the Act as a person appointed by a competent authority to administer the estate (property) of the deceased person when there is no executor. When a person dies without making a will, he is said to die intestate. To administer the estate of such a person, a competent authority (the Court) appoints a person who is known as the administrator. The Court grants letters of administration to the estate of the deceased person. It may also be noted that. under S. 211 of the Act, the executor or administrator of a deceased person is his legal representative for all purposes.

Under Section 219 of the Indian Succession Act, 1925, if the deceased has died intestate
and was not a person belonging to any of the classes referred to in Section 218 (i.e., Hindu,
Mohammedan, Buddhist, Sikh or Jain or an exempted person), those who are connected with
him either by marriage or by consanguinity are entitled to obtain Letters of Administration of his
estate and effects in the order and according to the rules framed in this section.

When Letter of Administration is granted?

Under S. 232 of the Indian Succession act, 1925, the letter of administration can be granted under following circumstances:

• When the deceased has made a Will but has not appointed an executor, or
• When the deceased has appointed an executor who is legally incapable or refuses to act, or
• the executor has died before the testator or before he has proved the Will, or
• The executor dies after the death of testator but before he has proved the will.

Duties of Administrator:

• Under S. 316 of the Act, it is the duty of an administrator to provide funds for the performance of the necessary funeral ceremonies of the deceased in a manner suitable to his condition and status if he has left property sufficient for the purpose.
• It is the duty of the administrator to get probate granted from the Court.
• Expenses incurred in obtaining probate and costs incurred for initiating any judicial proceeding needed to administer the estate shall be paid after the expenses for funeral and death-bed charges are paid.
• Under Ss. 317 and 318 of the Act, an administrator within six months from obtaining the letter of administration must make an inventory containing a full and true estimate of all the property in his possession and all the debts and credits due to him in his capacity as an administrator. It is then the duty of the administrator to collect all the debts owing to the deceased, pay off all the legal liabilities payable by the deceased, and thereafter administer the estate (i.e. property) of the deceased according to the direction of the court. The High Court may prescribe the form in which an inventory or account under this section is to be exhibited. If an administrator, on being required by the Court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he shall be deemed to have committed an offence under section 176 of the Indian Penal Code (45 of 1860.) The exhibition of an intentionally false inventory or account under this section shall be deemed to be an offence under section 193 of that Code.
• Under S. 319 of the Act, the administrator shall collect, with reasonable diligence, the property of the deceased and the debts that were due to him at the time of his death.\
• Under Ss. 320 – 330 of the Act, the administration should make all disbursements to the beneficiary of wills after paying all the expenses, debts as prescribed in these sections and as sequence given in the Act.

Powers of Administrator:

1. As per the provisions of Section 305 of the Act, the administrator has the power to sue on the deceased testator’s behalf with respect to all cause of action surviving the deceased and for recovery of all debts that were due to the deceased testator while he was alive.
2. According to Section 308 of the Act, the administrator can incur expenses for the administration and proper care of the deceased testator’s property till the final disposal. An executor can also incur expenses on religious, charitable and other objects, and for carrying on reasonable improvements on the property with the sanction of the High Court.
3. According to Section 307 of the Act, the administrator  has the power to dispose of the property of the deceased testator so vested in him as per the provisions of Section 211 of the Act in a manner such executor deems fit or necessary. With the sanction of the High Court.

Conclusion:

The term administrator is defined in S. 2(a) of the Act as a person appointed by a competent authority to administer the estate (property) of the deceased person when there is no executor. When a person dies without making a will, he is said to die intestate. To administer the estate of such a person, a competent authority (the Court) appoints a person who is known as the administrator. The Court grants letters of administration to the estate of the deceased person. The administrator can incur expenses for the administration and proper care of the deceased’s property till the final disposal. He has power to get these expenses reimbursed.

Test Your Understanding:

1. What is meant by intestate succession?
2. Who is an ‘Administrator’ under the Indian Succession Act, 1925?
3. What are the duties of administrator under the Indian Succession Act, 1925?
4. What are the powers of administrator under the Indian Succession Act, 1925?
5. Write short note on of administrator under the Indian Succession Act, 1925.

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