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under which section of cpc can we file an appeal


1) If a person has applied for probate in a trial court aggrieved by the order of the trial court wants to file an appeal in the High Court, under which section of CPC can he file an appeal
2) Also, when can a person apply for letters of administration? Can a person apply for it only when someone dies intestate or this dying of intestate is not mandatory?
 
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Hello,

1. Under Section 104 of CPC, he can file an appeal from the order given by the trial court. 

2. Letters of administration are issued under the Indian Succession Act,1925, by a competent court to a person to entitle the administrator to all rights required for the effective administration of the estate of the deceased. An application is to be filed to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts. Furthermore, it is necessary for the person to die intestate for applying for the same. Please refer the below link for more details on Law Relating to Succession. 

https://www.lawyersclubindia.com/articles/law-relating-to-succession-other-certificates-8368.asp

 

Hope this answers your query.

Regards

Nikitha

 
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