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Succession Certificate

(Querist) 05 October 2009 This query is : Resolved 
What is the difference between "Sucession Certificate" & Letter of Administration"?
adv. rajeev ( rajoo ) (Expert) 05 October 2009
Succession Certificate : Means it is an order by the competent civil court that the person who claims the successors of the deceased person. In case a person dies intestate, the successors of such person will inherit the properties of deceased.
Letter of adminstartion: Whenever the nature of the case requires that an exception be made, letter of admistration shall be granted subject to such exception. Eg>, When the testator has made a will for a parituclar or limited purpose or or his property only at one particular place and has died intestate as regards the rest, letter of admistratin may be granted subject to such exception i.e., except the property disposed of by the will.Sec 256 of Indian Succession ACt/
adv. rajeev ( rajoo ) (Expert) 05 October 2009
The Grant of succession certificate does not determine any question of tittle or decide what property does or does not belong to the estate of the decased, it merely enable the party to whom the certificate is granted to collect any debt or security belonging to the decased.
Sachin Bhatia (Expert) 05 October 2009

Letter of administration: Upon the death of a person intestate, or leaving a will without appointing executors, or when the executors appointed by the will cannot or will not act, the civil court appoint an administrator who performs similar duties to an executor. The court does this by granting letters of administration to the person so entitled. Grants of administration may be either general or limited.




Sachin Bhatia (Expert) 05 October 2009
Court order authorizing a person (called 'administrator' if male; or 'administratrix,' if female) to manage or distribute the property of a deceased who did not make any such arrangement in his or her will, or died intestate (without making a will).
Adinath@Avinash Patil (Expert) 06 October 2009
Mr. sachin is explained very well, I agree with him.
Raj Kumar Makkad (Expert) 06 October 2009
I also agree with Sachin.
Sachin Bhatia (Expert) 06 October 2009
On the other hand Succession Certificate is an order granted by an Authority or court of competent jurisdiction to the successors of estate of a deceased person on the basis of application made by such persons in the capacity as legal heirs or otherwise entitled to succeed to the estate of the deceased person in certain circumstances.

PIYUSH SHETH (Querist) 16 November 2010
I have received Letter of administration from court and submitted the same to our Condominium Association for transfer of Apartment in my name but secretary told me to first apply to office of sub registrar and get my name incorporated in Index II.

Please advice how can I get my name incorporated in Index II?
PIYUSH SHETH (Querist) 17 November 2010
Can any lawyer from Mumbai help me on my query related to Index- II?
Adv Akhtar Ali Sheikh (Expert) 10 May 2012
Index 2 means you have to transfer the asset under a transfer deed register it , transferring it as administrator to Beneficiary (you could be both. )..... Upon such registration you get the index 2 from registrar office


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