(1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating-
(a) the time and place of the deceased's death;
(b) the family or other relatives of the deceased, and their respective residences;
(c) the right in which the petitioner claims;
(d) the amount of assets which are likely to come to the petitioner's hands;
(e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
Legal Commentary & Landmark Judgments: Section 278
Section 278 prescribes the statutory contents for a petition for letters of administration, requiring proof of the petitioner's legal capacity, family pedigree, and inventory of assets.
In Section 278 petitions, establishing the right in which the petitioner claims (clause c) is crucial. If the petitioner claims as next-of-kin, they must set out the exact degree of consanguinity under Section 28; if they claim as a residuary legatee, they must produce the will and prove the demise or renunciation of the executor.