Published by Benedict Magoto Mayani.
Immediately after the demise of anyone, what is next are issues regarding the long and lucrative procedure of probate and administration of Estate of the diseased.
But where the estate of the deceased is in danger of being wasted pending this process, and the proper administrator or executor has not been appointed, any person interested in the estate or the Administrator General or any person having control or custody of the property may make application for the appointment of an individual to take care of the property legally known as the receiver pending the grant of letters of administration/probate.
This is limited for the purpose of maintaining the properties which are in danger of being wasted pending the appointment of a proper administrator. The court, having considered the nature of the case, will appoint the Administrator General or the interested party to be a receiver of the property pending a grant of probate or letters of administration.
The application for appointment of receiver must be done through Chamber Application (chamber summons supported with an affidavit). containing the prayer sought together with any other reliefs but it is always advised that when the applicant is intending of selling the properties after being appointed, he/she may include a prayer requesting to sell.
It is important that the applicant provides the following information within the affidavit,
ü The domicile of the deceased.
ü Whether the deceased died testate or intestate.
ü Whether the application for grant of letters of administration or probate has been made to any court.
ü Estimated gross value of the estate.
ü List of beneficiaries together with their respective addresses.
ü The reasons for making the application.
The receiver has been given power by the law as per sections 13, 14 and 15 of The Probate and Administration of Estates Act [Cap 352 R.E 2002], that is clear that, no person is entitled to remove or attempt to remove from Tanzania any property which is under receivership. The receiver shall, however, have a lien upon the property entrusted to him for all costs and expenses properly incurred by him while exercising his duties.
Any attempt by any person to interfere with property under receivership by destroying, concealing or by refusing to yield up the same to receiver, commits an offence and upon conviction one is liable to a fine or imprisonment. The receiver, through an application to the court, may sell any part of the estate of the deceased if it appears that it will be beneficial to the estate. If it is found that there is any person who is not satisfied with the conduct of the receiver in the management of the estate, then he should bring the claim to the relevant court which granted letters of administration for directions.