PROBATE, LETTERS OF ADMINISTRATION & SUCCESSION CERTIFICATE
Probate: Probate is a legal document issued by a court that confirms the validity of the deceased person's will and appoints an executor to administer the estate according to the terms of the will. Section 2(f) of the Indian Succession Act defines Probate as "the copy of a will certified under the seal of a court of competent jurisdiction, with a grant of administration to the estate of the testator."
Probate is mandatory in Presidency towns like Mumbai, Kolkata, and Chennai, for the estates of a deceased person having immovable assets worth more than Rs. 5,000, and for movable assets worth more than Rs. 10,000. In other areas, Probate is not mandatory, but it is still advisable to obtain it to avoid any disputes among the legal heirs.
Letters of Administration: Letters of Administration are issued by a court when a person dies intestate (without leaving a will) or when the will is invalid or ineffective. It appoints an administrator to administer the estate of the deceased person. The procedure for obtaining letters of administration is laid down in Section 219 of the Indian Succession Act.
Letters of Administration are issued in Non-Presidency Towns of India and are required when the deceased person had immovable assets, or when the will is invalid or ineffective. Section 219 of the Indian Succession Act provides that Letters of Administration can be granted to any person who is entitled to the estate of the deceased person under the Act.
Succession Certificate: A Succession Certificate is a legal document issued by a court that establishes the legal heirs of the deceased person and their respective shares in the estate. It is required when the deceased person did not leave a will or when the movable assets of the deceased person are not covered by a will. A "succession certificate" as a certificate granted by a court to the legal heirs of a deceased person, authorizing them to collect the debts and securities due to the deceased. The procedure for obtaining a succession certificate is laid down in Section 372 of the Indian Succession Act
Section 370 of the Indian Succession Act provides that a Succession Certificate can be granted by a court to any person who establishes that he is the rightful legal heir of the deceased person. The certificate will specify the movable properties of the deceased person and the shares of the legal heirs in those properties.
Heirship Certificate: An heirship certificate is a legal document that establishes the rightful heirs of a deceased person, typically for the purpose of inheritance or succession of property. It is similar to a succession certificate in that it is used to establish the legal heirs of the deceased person, but it is issued by a Revenue Officer instead of a court.
The heirship certificate is usually obtained in cases where the deceased person did not leave a will, and the legal heirs need to establish their claims to the estate. It is often required by government agencies or financial institutions as proof of the legal heirs' rights to the deceased person's property.
The procedure for obtaining an heirship certificate may vary depending on the state and local laws. Typically, an application must be filed with the Revenue Officer of the district where the deceased person resided, along with supporting documents such as death certificate, proof of relationship, and affidavits from witnesses. The Revenue Officer will conduct an inquiry to determine the legal heirs of the deceased person, and if satisfied, issue an heirship certificate.
It is important to note that the heirship certificate is not the same as a probate, letters of administration, or succession certificate, and its validity may be limited to certain purposes and jurisdictions.