Letter of probate/ administration vs succession certificate
Rajesh Tandon
(Querist) 14 January 2015
This query is : Resolved
Brief background :- I am a government officer dealing with the land cases in the department of Defence. Normally when the government acquires the land, it is done by the process of Publication of Preliminary Notification, Publication of Declaration and Summary Of Rehabilitation And Resettlement under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act 2013 (LARR ACT 2013) or erstwhile Land Acquisition Act, 1894.. Similarly Requisitioned, Acquisition Of Immovable Property Act ( RAIP Act 1952) also deals with compensation and rental. The compensation is awarded by the collector. Ihere were two brothers A and B who had joint ownership on the land which was acquired by defence. Over a period of time both the brothers passed away. Both the brothers A and B have 3 to 4 successors from their respective families i.e (Sons and Daughters) who are claiming that they did not receive the compensation/rent from the government over a period of time. Though my department does not directly deal with compensation/rent, it is the office of collector which is involved in compensation and rental. However on receiving the representation from the claimants, I have guided them in reply to their representation that they should obtain necessary Letter of Probate/Administration as the case may be under the Indian Succession Act.
Query No1 -To establish heirship or check the actual claimant, is it okay to ask the Letter of Probate/Administration in view of the provisions of section 220(Effect of Letter of Administration) and section 273 (Conclusiveness of Probate or letter of administration of Indian succession act, 1925) especially when Probate or Letter of Administration within the meaning of provisions of section 273 shall have effect over all the property and estate, movable and immovable, of the deceased throughout the state in which the same is or are granted and shall be conclusive as to the representative title against all debtors of the deceased. Is it that I should have guided them to obtain a succession certificate under Part X of Indian succession act in view of the provisions of section 374 dealing with contents of the certificate which deals with the debt and securities, receipt of interest or dividends. The said succession certificate does not mention anything about movable or immovable property. It only mentions about securities. In view of the the nature of the subject ( that is immovable property a piece of land) obtaining of letter of probate or Administration or succession certificate would suffice or succession certificate meets the requirement for their respective claims to the land pieces of the deceased.
Query number2- Under the provisions of Indian succession act the grant of letter of probate or Administration or succession certificate is given by District Judge based on his jurisdiction. One of the claimants mentioned that they have obtained a certificate of heirship from Judicial Magistrate First-Class. I have my serious doubts over the same. If there are statutory provisions where in only District Judge can give the said certificates, how can Judicial Magistrate First-Class can give the same? Since the role of the two differ. The district magistrate is a civil court which deals with civil matters and the Judicial Magistrate First-Class is a criminal Court. Is it possible? Though, I believe in government of Maharashtra, as I saw it on one of the website that is for late registration of births and deaths, the application along with the affidavit has to be given to Judicial Magistrate First-Class.
ajay sethi
(Expert) 14 January 2015
govt can afford legal fees . in case owner of land dies intestate insist on probate or letters of administration . succession certificate is only for securities
Rajendra K Goyal
(Expert) 14 January 2015
Government may take help of its legal department for guidance.
Rajesh Tandon
(Querist) 15 January 2015
Thank u very much.Mr Ajay Sethi. Request if you could answer Querry No 2 as well.Iam grateful to You. Regards & a happy New year.
T. Kalaiselvan, Advocate 
(Expert) 18 January 2015
@Author: You are right that the civil court only will issue the succession certificate, in the referred case the JMFC may be JMFC cum district Munsif and hence empowered to issue the certificate by a decree on a petition filed before it. You may clarify this.
Hemant Agarwal
(Expert) 18 January 2015
1. It is beyond the jurisdiction of a "Magistrate" (any class) to issue "Probate .OR. Letter of Administration".
2. Only a judicial "Judge" (district and higher) has the jurisdiction to issue "Probate .OR. Letter of Administration".
3. "Succession Certificate" .OR. "legal heir certificate", is infructuous as far as "immovable" property is concerned. It is meant only for "movable" assets.
4. The legal heirs / beneficiaries may be directed to obtain Letter of Administration, from the competent District Judge, to rule out all future probable disputes /claims, from other known /unknown legal heirs /beneficiaries. Letter of Administration, for all purposes shall be conclusive, as far as claims for immovable properties.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Anand Bali Adv.
(Expert) 19 January 2015
Dear Client,
Probate and letter of administration by a District Judge, is required where there is a Will of deceased in favour of a particular person.
The succession certificate is only an approved declaration by the civil Court Judge that the person/ Persons mentioned in the certificate with their Address, age and ID proof are the successor/s of the deceased person.
Surviving Member Certificate is issued by the local SDM or DM just to declare that these are the surviving family members of the deceased for the purpose of any civil or criminal subject matter. This necessarily do not include all the legal heirs of the deceased but only names of the surviving members of the family of the deceased.
A Judicial Magistrate can not issue a succession certificate/ Probate Or letter of Administration directing (any Registrar of records or of Revenue Officer)inclusion of the particular person/s in the title deed and books of record of owners of immovable property. AND to any other person or institution to replace name of a particular person/s as owner of the movable property; unless such magistrate is empowered by the such civil powers of a Judge.
Sir, in your long question you have not mentioned that the question has derived either from a succession certificate or a Will which is probated/ non-probated with a letter of Administration,please explain in short and to the point to get the proper answer to the question.
