Probate, LoA and Succession Certificate

Summary: Intestate succession occurs when a person dies without a Will, involving processes like probate, letters of administration (LoA), and succession certificates. Probate certifies the authenticity of a Will and is mandatory in Kolkata, Chennai, and Mumbai or if immovable property is located there. It applies to Hindus, Buddhists, Sikhs, and Jains but not to Muslims, Christians, or Parsis. The process involves filing a petition, paying court fees, and obtaining approval if no objections are raised. Succession Certificate is issued to heirs for movable properties when there is no Will, while the Letter of Administration (LoA) is granted for immovable properties in such cases. If a Will exists, probate is required for immovables, while LoA may not be needed. The choice of document depends on the property type (movable or immovable) and whether a valid Will exists. These legal processes ensure rightful ownership and administration of assets after an individual’s death.

WHAT IS INTESTATE SUCCESSION?

When a person dies without leaving a Will (“Intestate Individual”), his/her succession is called Intestate Succession. It includes (a) Probate; (b) Letter of Administration; and (c) Succession Certificate.

1. PROBATE

• What is a probate?
  • Probate certifies the genuineness of a Will and confirms its validity.
  • A probate is mandatory when the Will or codicil has been made in any of the Presidency towns viz. Kolkata, Chennai and Mumbai; OR if the immovable property is situated in such towns.
• Persons on whom the provisions of probate are applicable and not applicable?
  •  Provisions of probate are applicable to: Hindus, Buddhists, Sikhs and Jains.
  • Provisions of probate are not applicable to: Muhammadans, Christians and Parsis.
• What is the process of obtaining a probate?
  • The executor / executrix is required to file a probate petition before the competent Court along with the original Will;
  • Pay the requisite court fees;
  • Next, the Court calls for objections from legal heirs of the deceased;
  • Finally, the Court grants probate, if no objections are raised.

2. WHAT IS A SUCCESSION CERTIFICATE?

Succession Certificate is granted to the heir of the Intestate Individual in respect of Intestate Individual’s movable properties.

3. WHAT IS A LETTER OF ADMINISTRATION?

Letter of Administration is granted to the heir of the Intestate Individual in respect of Intestate Individual’s immovable properties.

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Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement