(Expert) 30 August 2008
The Letter of Administration or probate can only be granted to those who are named in S.218 of Succession Act; the object being that the duties and functions of an executor in whose favour Letter of Administration is granted, is required to carry out the directions contained in the Will faithfully, diligently and effectively. The executor can be discharged only as and when such directions given in the Will, are complied with or the desire of testator, as reflected in the Will, is fulfilled.
Will gives property to the executor; the grant of probate is only a method by which the law provides for establishing the Will.
Section 211 provides that the estate of the deceased vests in the executor, that the vesting is not of the beneficial interest in the property; but only for the purposes of representation.
The succession certificate shall be granted in favour of the applicant having prima facie best title thereto vesting beneficial interest in the property.
Heirship certificate is only a certificate that holder had succeeded to the property but does not create or enlarge right conferred by Will.
(Expert) 31 August 2008
Answered by kamal saxena