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PROBATE AND LETTERS OF ADMINISTRATION


PROBATE 

In layman terms, it means the will certified by the court of law. It can be used to get the will authenticated by the court of law. 

It cannot be granted to a person of unsound mind or minor or association of person. Although it can be granted to a company which satisfies the rules prescribed in the notification as per the Official Gazette by State government. 


LETTERS OF ADMINISTRATION 

This phrase is used in the Hindu Succession Act. It is widely used in cases where a person dies intestate, in other words, without executing any document like will, etc. It can be applied by the beneficiary of the deceased which after obtaining the same from the court becomes entitled just like the executor in case of a will.

It cannot be granted to any person who is a minor or person of unsound mind or an association of person unless it is a company which satisfies the rules prescribed in the notification as per the Official Gazette by State government. 

Underlying difference between the above stated documents lies in the fact that where the probate is to be applied in cases where there is a will left over by the deceased and letters of administration can be applied in cased where there is no will executed by the deceased during his lifetime.


CONCLUSION 

BOTH THESE ARE VERY IMPORTANT DOCUMENTS WHICH CAN BE OBTAINED BY FILING A PETITION UNDER RELEVANT PROVISIONS OF THE SUCCESSION ACT BEFORE THE COMPETENT COURT OF LAW. MOREOVER, BOTH THESE ARE LEGAL DOCUMENTS WHICH PROVIDES SANCTITY IN THE EYES OF LAW PERTAINING TO ASSETS OF THE DECEASED IN NATURE OF MAINLY IMMOVABLE PROPERTIES.

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  1. Legalaster23 February 2022 at 07:19

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