PROBATE
The legal procedure used to establish a will’s legality in court is called probate. Ensuring that the assets of the deceased are divided in accordance with his preferences as expressed in his Will is the goal of the probate process. States and countries may have different probate laws and regulations. The Indian Succession Act, 1925 governs probate rules in India.
The copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration of the testator’s estate is referred to as “probate” under S. 2(f) of the Act; Only where a will or codicil was formed in one of the three presidency towns—Kolkata, the municipal boundaries of Chennai and Mumbai—or when the immovable property is located there—is a probate required. Probate is optional otherwise. Even though it is not required, there are no legal restrictions on getting a will probated.
The Apex Court made this declaration in its ruling in Kanta Yadav vs. Om Prakash Yadav [1](2017). stating ” It is indisputable that, before November 1, 1966, the current National Capital Region of Delhi was a part of the former State of Punjab. The respondents contend that since Section 57[3] of the Act applies to situations in which the parties and the properties are located in the states of Bengal, Madras, or Bombay, it is not required to apply for a letter of administration or probate in relation to any properties or individuals that are not located in one of those states.”
The Punjab High Court made the following ruling in Ram Chand v. Sardara Singh & Ors[2].: The implication of these provisions seems to be that wills made outside of Bengal and the original jurisdictional boundaries of the High Courts in Madras and Bombay do not fall under the provisions of section 213(1) requiring probate, unless they pertain to immovable property located in those territories.
A high court in Andhra Pradesh ruled in the case of Naram Bhoomi Reddy v. Naram Venkat Reddy[3], that the executor or legatee of a will does not need to acquire probates of the wills in the state of Andhra Pradesh (or in Telangana State after its establishment). (2) The Court does not have to conduct a roving investigation into the validity of the Will(s) in order to examine an application to be recorded as the legal representative of a deceased person. For the limited purpose of pursuing the matter further, the Courts will allow an individual claiming to be the departed party’s legal representative to appear on record after conducting a summary inquiry into the claim of Will execution.”
LETTER OF ADMINISTRATION
The court is responsible for handling an estate when someone passes away without a will. The “letter of administration” is the term used for this procedure. An administrator is appointed by the court to manage the estate until a settlement can be reached. The administrator is in charge of several duties, such as:
- Managing bank accounts and obtaining estate taxes
- Contract negotiations and signing
- Designating fiduciaries to oversee the assets of the estate
If the administrator passes away or becomes incapable of carrying out their responsibilities, they also have the authority to name a replacement. This is called a “letter of administration and succession certificate.”
- Taking care of the dead person’s belongings, such as selling them and allocating the money received
- Serving court orders and subpoenas, among other legal documents
- Advocating for the estate in court
These responsibilities and other crucial details regarding the estate are described in a legal document called a letter of administration. If you are worried about someone else’s involvement in the administration or if you are interested in becoming an administrator, it is imperative that you obtain this document. A copy is available via the administrator’s website or the court.
A letter of administration can only be obtained after fulfilling specific prerequisites. State-specific restrictions may apply, but generally speaking, you will need to submit documentation of the person’s death or incapacity as well as proof that you are their legal representative. It is forbidden to give a letter of administration to someone who is not legally qualified to get one. This includes the surviving spouse, kids, parents, grandparents, siblings, and any other surviving kin of the deceased who are younger than 21 or older than 65[4].
SUCCESSION CERTIFICATE
A succession certificate is a document granted to the legitimate heir of an intestate individual by a civil court that has the necessary authority, both geographically and financially. This document gives the successor permission to take over the deceased person’s obligations and assets. This credential is accepted across the nation. The nature of property determines how important the certificate is; moveable property is less important than immovable property. The succession certificate can be used as primary evidence that a person died intestate and allow legal heirs to collect their inheritance. The Hindu Succession Act, 1956 lists the categories of lawful heirs for Hindus.
When a legal heir requests a succession certificate, the civil court plays a crucial role. The jurisdiction of the civil court can be determined by looking up the locations of the properties. All heirs’ names as well as the precise date, time, and location of death should be included in the application. A death certificate must also be produced by legal heirs. After receiving the petition, the court notifies the respondents—if there are more than one—and the respondents in general by publishing a notice in the newspapers, particularly the local ones. If there is an objection, it may be raised with the required documentation within 45 days of the notice being sent[5].
In Muthia v. Ramnatham[6], it was decided that once the court issues a certificate, the holder has ownership through it, and after the debt of the deceased is paid in full, it is regarded as a good discharge of obligation. In the case of Srinivasa v. Gopalan[7], it was decided that any disagreement over a deceased person’s debt could not be resolved by applying such standards.
In Paramananda Chary v. Veerappan[8], the conclusiveness of subsequent certificates is made evident, and it is manifestly against the debtor’s interests. Furthermore, the succession certificate remains valid even in the event that someone asserts themselves as the deceased’s legitimate heir.
The idea of “good faith” has been examined in relation to section 381 of the Indian Succession Act in the Ganga Prasad v. Mount Saeedan [9]case. This section protects the debtors by offering complete indemnification to the parties obliged to pay the debts. In order to determine who is the legitimate heir and to be granted permission to settle debts, liabilities, and other securities that the deceased was responsible for paying, one must first obtain the legal heir certificate. This is where the necessity for succession enters the picture.
COCNLUSION
Probate, letters of administration and succession certificate are three instruments of will which can be used for the purpose of execution of will. A formal framework for the running of a firm or the transfer of assets is provided by a letter of administration. A succession certificate and probate can be acquired after fulfilling required conditions.
[1] Kanta Yadav vs. Om Prakash Yadav and Ors. (24.07.2019 – SC) : MANU/SC/0971/2019.
[2] Ram Chand v. Sardara Singh & Ors. AIR 1962 P&H 382.
[3] Naram Bhoomi Reddy v. Naram Venkat Reddy, MANU/AP/0926/2014.
[4] https://www.shreeyanshlegal.com/probate-letter-of-administration-and-succession-certificate/.
[5] https://blog.ipleaders.in/all-you-need-to-know-about-succession-certificate/
[6] Muthia v. Ramnatham, 1918 MWN 242.
[7] Srinivasa v. Gopalan, AIR 1914 Mad 637(2).
[8] Paramananda Chary v. Veerappan, AIR 1928 Madras 213.
[9] Ganga Prasad v. Mount Saeedan, AIR 1952 ALL 801.