Probate & letter of administration

Querist : Anonymous (Querist) 28 December 2011 This query is : Resolved
What is the basic difference between Probate and Letter of Administration.

Is it correct that Letter of Administration and Probate is not compulsory/necessary in Delhi.

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prabhakar singh (Expert) 28 December 2011
The basic difference between probate and letter of administration is that of a nomenclature

It is now correct that Letter of Administration and Probate is not compulsory/necessary in Delhi as DDA has left to insist for it in will mutation cases.

Devajyoti Barman (Expert) 28 December 2011
If the name of an Executor is there one needs to obtain Probate.

If there is no mentioning of an Executor, Letters of Administration needs to be obtained.

The effect of both is the same.

In WB it is compulsory.

niranjan (Expert) 28 December 2011
U/s 218 Letter of Administration can be given without will and Probate/Letter of Administration is tobe granted with will annexed as per sec.270..

s.subramanian (Expert) 29 December 2011
It is mandatory for the wills executed in Delhi.

Shailesh Kr. Shah (Expert) 29 December 2011
@Subramanian Sir,

probate of will is not necessary, as Delhi High Court Ruling.

For your kind perusal judgement attached.