Probate/letter of administration
Querist :
Anonymous
(Querist) 28 January 2012
This query is : Resolved
Experts, please view this matter carefully and advise:
"My late father left behind a registered will. He gave life estate & enjoyments rights to my mother. She was restricted from transfer,alienating,selling,assigning etc. Which means she has limited/restricted rights. After her lifetime I get absolute rights of the property.The questions are??
a) What is the difference between Letter of administration and Probate.
b)Am I /Can I be legally supposed to file for probate or letter of administration (which one??).
c)The Will is missing but registered and I can only get the certified copy from Sub-Registrar's office.
d)Though witnesses have admitted the Will under Section 58 of Evidence Act, in various courts in earlier different suits, it is possible they may not come because someone is influencing them negatively.
e)Mother and I are executors/beneficiary in the above mentioned manner,please note. This is mentioned in the regd will.
Now please advise in detail.???
Thanks very much. I hope I get the best replies. Any case laws in support will be welcome.
Raj Kumar Makkad
(Expert) 28 January 2012
a). The probate of the will or the letters of administration of the effects of any person deceased heretobefore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring
or assigning any moveable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount of value of the estates in respect of which a court fee was paid on such probate or letters of administration.
b). Probate of will but it is not compulsory to be done in all cities of India. Enquire from local office of registrar.
c). It is also having same value.
d). Their presence is not necessary now and even their is no need if the will has already been part of suits.
e). You have already told this fact.
Devajyoti Barman
(Expert) 29 January 2012
1. If there is no executor appointed in the Will then LA needs to be obtained else it is Probate. There is no difference at all.
2.yes
3.yes
4.Will can be proved.
5.Beneficiary can be an executor.
