Get ‘PROBATE’ or ‘LETTER OF ADMINISTRATION’ to get your property!!!

Section 2(f) Indian Succession Act, 1925 – ‘Probate’ refers to a copy of Will, which grants administration rights of the estate of deceased to the ‘executor’, and which is certified by the seal of a court of competent jurisdiction.

It is judicial process through which the authenticity and validity of a Will is determined by the court. 

Probate authorize the executor to administer the estate of the testator of the Will and court grants a certification to that effect. 

Moreover, a beneficiary can also be an executor under the Will.

Section 2(c) Indian Succession Act, 1925 – ‘Executor’ is a person appointed by the deceased person in his Will, to execute the immovable and movable properties as prescribed by the Will.

‘Letter of Administration’ – When a person dies intestate i.e. without leaving behind any Will or when he does not appoint any executor in his Will, then letter of administration acts as a facilitating document. 

Letter of administration also grants the same administrative rights to the beneficiaries, that the executor would have enjoyed. 

However, if a Will does not nominate any executor, the beneficiaries of the deceased will have to apply for letter of administration. 

Difference between Probate and Letter of Administration – The critical difference is that Probate is granted to an executor, nominated by the testator under his Will. 

However, if a Will does not nominate an executor, the beneficiaries of the deceased will be granted Letter of Administration.

Who is not eligible to be granted Probate or Letter of Administration?

Any person who is a minor i.e. below 18 years of age, or is of unsound mind cannot be granted probate or letter of administration by the competent court.

Is it mandatory to obtain Probate/Letter of Administration?

Under Section 213 Indian Succession Act 1925, it is mandatory to obtain Probate or Letter of Administration (as the case may be). However, it is not mandatory to obtain Probate/Letter of Administration in case a Will is made by Muhammadans.

Petition for Probate and Letter of Administration

A petition for Probate is to be made before District Judge, where the deceased had resided at the time of his death under Section 276 Indian Succession Act, 1925.