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ramu   29 November 2019

Letter of administration /succession certificate

Sorry for a little long question:

What is the precise difference between application for Letter of Administration and Succcession Certificate?

Succession certificate: 1. does it pertain only to moveable property like shares, FD recceipts etc.? 2. Do all heirs have to apply together? 3. If some heirs do not participate in the application, will the Certificate be denied? 4. If Certificate is granted to only those applying, will the heir not participating be deprived of his rights? 5. Does S.C. declare the RIGHTS of the heirs?

Letter of Administration: 1. Does application of LofA have to be signed by  all heirs? 2. If not, the heirs not participating will be reprived of thier share? 3. Is it a must that LofA application should cover ALL assets of teh deceased, whether moveable or immoveable? 4. Is it possible to apply separately for moveable assets through Succession Certificatee and only immoveable property through LofA application? 5. Is L ofA application granted summarily or is their any inquiry into title of property, claims of heirs etc.?

How is suit for partition different from the above two? 

thank youn in advance for a point wise response.

obliged.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 November 2019

Succession Certificate

In case a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. Formalities like realization of debts and securities, transferring of assets and to inherit debts to realize the debts and securities of the deceased can be completed by legal heirs only after grant of succession certificate. A beneficiary makes an application to a civil court and court may grant the certificate according to Succession Act, if it is satisfied.

Letter of Administration

If someone dies interstate before administration of estate is entrusted to someone or when no executor is appointed under the will of deceased or when executor is appointed but he refuses to act, then Letters of administration may be issued to entitle the administrator to all rights required for effective administration of the estate of 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. 

ramu   30 November 2019

thanks for the above.

would appreciate someone taking time to respond point wise.

thanks very much 

ramu   09 December 2019

await a considered reply to the specific queries made.

thanks


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