PROPERTY PROBLEM
madhur
(Querist) 01 April 2008
This query is : Resolved
SIR I WANT TO KNOW THAT WHAT IS THE DEFERENT BETWEEN HEIR SHIP CERTIFICATE,LATTER OF ADMINISTRATION,PROBATE & LETTER OF SUCCESSION WHEN CAN WE USE THIS WORD IN COURT APPICATION.PLEASE TELL ME AS SOON AS POSSIBLE.
THANKS IN ADVANCE.
Prakash Yedhula
(Expert) 02 April 2008
When a person dies without making a will, he is said to have died intestate, that is, the property is inherited by the heirs according to the law of succession. In this case the heirs need to obtain a legal heir certificate.
When a person dies after making a will, it can be enforced only after a probate is issued. A probate is identified as the copy of the will certified under the seal of the court of competent jurisdiction. No right as executor or legatee can be established unless a court of competent jurisdiction in India has granted probate of the will under which the right is claimed or has been granted. Probate can be granted only to the executor appointed by the will.
Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and render valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.
Probate, Letter of Administration and Succession certificate
After the death of the testator, the grant of probate by Court establishes the executors right to represent the estate. Probate is the official evidence of the executor's right to dispose off the property as per the terms of the WILL. Under the Indian Succession Act, 1925, a probate can be granted only to an executor appointed under a WILL.
A probate is mandatory when the WILL pertains to immovable properties situated in Mumbai, Calcutta or Chennai.
Letter of Administration is a certificate granted by the competent court to an administrator authorising him to administer the estate of the deceased in accordance with the WILL where there exists a WILL and in accordance with law where the deceased has died intestate.In the event a WILL does not name any executor, an application can be filed in the court for grant of Letter of Administration for the property.
In cases where grant of probate or letter of administration is not compulsory, Succession Certificate can be granted by the court to realise the debts and securities of the deceased and to give valid discharge. However he is required to dispose of the amount so realised in accordance with the rights of the person entitled thereto.
