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WSummary: My father passed away in 2023, he was the eldest brother, he has other siblings, all the uncles are after my mother for the property matters, clearly feel that they are entitled to some of it. A few weeks after my father’s passing, the oldest uncle said something like “I know I won’t get anything but I can delay the matters in court”.
My father didn’t leave a will, but my parents’ marriage was registered under the Special Marriage Act a few years ago, so we (my mother, me and my siblings) are the legal successors. My mother applied for the Letter of Administration and received it roughly a year ago.
Now, the issue is the oldest uncle has filed a writ petition in high court to receive a true copy of the LOA. He believes that there was a will that we had hidden away from everyone else on purpose, I am not sure if this is mentioned in the petition but he has expressed this to my mother.
**Is there a way the LOA can be revoked? Is there any precaution we can take to avoid any further interference from all the uncles?**
Also, I had made a [**post**](https://www.reddit.com/r/LegalAdviceIndia/s/03W675P4HD) earlier about my uncles’ behaviour in our business. See the post: I’ve been wanting to take step against the oldest uncle for all the disturbing behaviour and frankly, mental torture for the past two years. Is there anything I can do in this case as well?
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BHi, lawyer here based in Delhi.
Are you private respondents in the writ petition? Filing a writ petition solely to obtain a certified copy of the LOA is an unusual approach. Such documents are typically part of the public record and can be accessed by applying to the probate court through the proper channel. Using a writ petition as a pressure tactic is unlikely to succeed unless a serious procedural irregularity is alleged. Your legal counsel can respond accordingly.
If you anticipate repeated court proceedings from your uncles, your mother or you can file a caveat in the relevant court. This ensures that you are notified before any order is passed in their favour behind your back.
You are right to be concerned. Legal disputes, even when baseless, can lead to procedural delays in property mutation, sale, or partition. However, once the LOA has been granted and remains neither stayed nor revoked, it holds legal authority. If any transaction is being held up by government authorities because of your uncle’s challenge, your lawyer can submit certified court copies and request appropriate directions to move forward.
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BLOA can only be revoked under Section 263 of the Indian Succession Act, 1925, and that too under very specific circumstances:
* If it was obtained by fraud or suppression of material facts (like hiding a will)
* If it was obtained by misrepresentation
* If there is a later-discovered valid will that changes the succession-
WThank you so much for your reply. My mom received a call from my uncle’s lawyer who informed her about the petition but I believe the respondent is our own lawyer, my mom only received the case/petition(?) number on her phone via sms I think. Even with a caveat, can any of my uncles somehow put the LOA and consequently any transaction on hold? How long could the procedure go for before the transaction is released again? Can it affect any transaction that has already been done through the LOA?
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BFrom what you describe, it seems your uncle’s lawyer may be trying to keep you on edge rather than pursuing a strong legal claim. If your mother received only a case number via SMS, I suggest your lawyer look it up on the court website or e-filing portal to access the full details and verify whether you are actually named as respondents.
>Even with a caveat, can any of my uncles somehow put the LOA and consequently any transaction on hold?
A caveat only ensures that you are given notice before any court order is passed in the case. It does not by itself prevent proceedings, but it prevents ex parte orders (i.e., orders passed without hearing your side). If your uncles file any application to stay or suspend the LOA, your lawyer will be notified, and you will have a chance to contest it before any decision is made.
>Can it affect any transaction that has already been done through the LOA?
If your uncle seeks and gets a stay order from the court, then yes, it may temporarily affect the ability to transact based on the LOA. However, without a stay or injunction, the LOA remains valid and transactions based on it are legally sound.
Transactions already completed under a valid LOA are generally protected. Unless a court finds that the LOA was fraudulently obtained, which requires very strong evidence. It is unlikely that prior transactions will be reversed.
>How long could the procedure go for before the transaction is released again?
Unfortunately, this varies and there is no definite answer; it depends on the proceedings and the court.
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WThank you very much for your response, I greatly appreciate it and I’m sorry for so many questions but I got one more, what does my uncle need to do to try and get a stay order on the LOA from court? Even tho I doubt there is much he can do especially when my parents’ marriage is registered under the Special Marriage Act, but one can never know.
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BTo get a stay order, your uncle needs to establish that there is a serious prima facie case (for e.g., the LOA was obtained by suppressing a will or through fraud). He will also need to show that there will be irreparable harm to him if the LOA remains in force and the balance of convenience favours staying the LOA. A vague suspicion of a hidden will is not enough. If he files such an application, your lawyer will get a chance to oppose it.
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