Last Updated on March 2, 2019 by Legalseva.net
The provision of letter of administration is given under the Hindu Succession Act, 1956 to make sure that the estate of the deceased is divided and passed on fairly amongst the family members. From section 8 to 13 the Hindu Succession acts provides for the general rules of succession when a Hindu male dies without leaving a will. Mainly letter of administration covers the division of property amongst the class II heirs who are a daughter’s son’s son, daughter’s son’s daughter, daughter’s daughter’s son and daughter’s daughter’s daughter.
Also Read- 25 THINGS THAT YOU SHOULD KNOW ABOUT WILL REGISTRATION
In a simple language when a Hindu male dies without dividing his estate or leaving a will, an executor is appointed who may issue letter of administration in order to divide all the rights effectively.
To apply for letter of administration a form is provided in the Schedule VII of Indian Succession Act, 1925. This application is to be made after 14 days of the death of the deceased. The court tends to grant this letter to a beneficiary. Further the will must be executed and the petitioners name should be there along with details of the time and place of the person’s death, writing annexed in the last will of the deceased, the amount of assets and name of the petitioner and his place in the will.
Also Read- LEGAL HEIR CERTIFICATE & SUCCESSION CERTIFICATE DIFFERENCE?
More than one person can apply for letter of administration and if no one applies then the letter of administration can be granted to a creditor. However no matter what the relation of a person might be to the deceased but no minor or unsound person can be handed over the letter of administration.
In line to letter of administration lies SUCCESSION LETTER. Succession letter is for the person who is supposed to inherit the estate of a deceased but the deceased died intestate. In this case the authority of court is used to decide the legal heir of the deceased.
Also Read- HOW TO CHALLENGE A WILL?
To apply for a Succession Letter a person has to submit a petition signed and verified and sent to a civil court that has the jurisdiction. The details of the name and heirs along with details of the petitioner’s relation to the deceased, residence and other family member with the death certificate must be provided in the petition.
The court fee should be paid as per Schedule II of The Court Fees Act, 1870. Further, a newspaper notice is to be issued by the court for 45 days so that any person who has an objection must file for it.
In case of no objection the court issues a succession certificate. The whole procedure takes about five to seven months.
Also Read- SUCCESSION CERTIFICATE AND HOW TO GET IT?
Another concept of importance here is of Probate. When an individual dies without leaving a will somebody comes into charge to handle the estate of that person. This person is called an executor, however before taking charge of the estate they first have to obtain a Grant of Probate. To achieve this the executor/officer has to first apply to the Probate Office. The executor must prove that they are authorized to administer the will only then they get the legal permission i.e. of Grant of Probate. This particular document of Grant of Probate confirms with the fact that the maker of the Will is now deceased and further this particular person with Grant of Probate has the authority to control his estate.
This post is written by Jagriti Mahajan of Kurukshetra University (KU, 2021) Batch. For more info, please dial 99888-17966.
