Skip to main content

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.

Labels:

Comments

  1. Legalaster23 February 2022 at 07:19

    You have given essential data for us. about House Rent Agreement Registration It is excellent and good for everyone. Keep posting always. I am very thankful to you.

    ReplyDelete

Post a Comment

Popular posts from this blog

MARRIAGE REGISTRATION PROCESS IN DELHI

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...
1 comment
Read more

Parental disputes or pending matrimonial and criminal matters between the natural guardians cannot constitute a valid statutory reason for refusal to issue passport says Allahabad High Court

Facts and Background The case involved a minor child aged about 2 years at the time of application whose mother applied for her passport on January 17, 2025. Despite completing all required formalities, the passport authorities kept the application pending indefinitely. The reason cited was the ongoing matrimonial dispute and criminal cases between the child's parents (the natural guardians). The authorities essentially treated these parental conflicts as a ground to withhold progress on the minor's passport application. The mother approached the Allahabad High Court via a writ petition, seeking directions for expeditious processing and issuance. Observations of the Court   Section 6 is Exhaustive and Mandatory   Section 6 of the Passports Act, 1967, provides the complete and exclusive list of grounds on which a passport authority may refuse to issue a passport or travel document.      - These grounds include matters like:       ...
Post a Comment
Read more

KERALA HIGH COURT BARS ENTRY OF 10 YEAR GIRL FROM ENTERING SABARIMALA TEMPLE

RECENTLY KERALA HIGH COURT DISMISSED WRIT PETITION FILED UNDER ARTICLE  226 OF CONSTITUTION FILED BY FATHER ON BEHALF OF HIS 10- YEAR OLD GIRL FOR SEEKING AN ORDER TO ENTER SABARIMALA TEMPLE. THE SAME IS DISMISSED IN LIGHT OF REVIEW PENDING ON THE SAID ISSUE BEFORE THE LARGER BENCH OF THE APEX COURT. BRIEF FACTS 10 year old girl filed a writ petition before the Kerala HIgh Court seeking relief of mandamus seeking directions to Travancore Devaswom Board to allow her to offer pilgrimage to Sabarimala Temple without taking into account the restrictions of age since she has not attained puberty or in the alternative to allow the request of the minor on sympathetic grounds. It is contended by the Petitioner that they are planning to visit the temple since long and it has been delayed due to onset of Covid earlier. Now, the family is under distress and also the father of Petitioner is not in good health. Hence, they have applied the same online but since in the meanwhile the age of Petit...
Post a Comment
Read more