1)you have to file petition in district court for letters of administration in name of legal heirs

2) enclose father death certificate

3) details of property

4)pay court fees depending upon value of the property

5)you will have to execute bond to indemnify in case any claims are received for the property

6) notice would be issued to legal heirs

7) if there is no objection received you would get LA in 6 months

Hello sir , you can obtain a succession certificate from court .. Once you obtain the certificate , the court will pass a decree in your favour and you can sell the property .. For proceeding further , you can contact at my office in Gurgaon ..thanks

Hello,

Even after the probate you will have to get the mutation done in order to sell the property.

LOA is filed in either the High Court/ Civil court as per the law of the state.

You will have to contact a local lawyer who may draft the same for you and file it before the court.

All the legal heirs will be made the party in such case.

Regards

court fees in Maharashtra for obtaining letters of administration is maximum Rs 75000

2) i have guided you as to procedure in obtain letters of administration from court

3)it applies not only to the house but other movable and immovable properties of the deceased

4) you have to obtain one LA for all the properties and maximum court fees is Rs 75000 in Maharashtra

Hi, for the property located in Delhi you have to apply in Delhi court .. For getting succession certificate in Gurgaon the legal charges will be 15k...

It will apply to all the properties.

Fee of lawyer might range from 30K to 50K.

Apart from this the court fee has to be paid as per the value of the property.

You will have to contact a local lawyer for the same.

A suit has to be filed, notice will be issued to other legal heirs, they will have to file a NOC and then a paper publication will be made and subsequently LOA will be granted.

Regards

It is also costly affair. Getting letter of administration from high court will need a petition from the legal heir annexing documents pertaining to the heirship and said property. Once satisfied court will issue the same. It may take time too.

PROBATE OF WILL & PROCEDURE FOR PROBATE – A GLANCE Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate differs from succession certificate. A probate is issued by the court, when a person dies testate i.e.having made a will and the executor or beneficiary applies to the court for grant of probate. in case a person has not made a will his legal heirs will have to apply to the court for grant of a succession certificate which will be given as per applicable laws of inheritance.

TO WHO CAN A PROBATE BE GRANTED

Probate can be granted only to the executor appointed by the will. The appointment may be express or implied by necessary implication. It cannot be grated to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company satisfies the conditions prescribed by the rules made by the State Government.

PERSONS ELIGIBLE FOR GRANT OF LETTER OF ADMINISTRATION

Where the deceased was a Hindu, Muhammadan, Buddhist Sikh or Jain or an exempted person and has died intestate, the court may grant administration of his estate to any person, who according to the rules for the distribution of the estate applicable for in the case of such deceased would be entitled to the whole or any part of such deceased 's estate.

When several of such persons apply for such administration, it shall be the discretion of the court to grant it to any one of them. When no such person applies, it may be granted to a creditor of the deceased.

Letters of administration entitle the administrator to all rights belonging to the intestate as effectively as if the administration has been granted at the moment after his death. They however do not render valid any intermediate acts of the administrator tending to the damage of the intestate's estate.

For obtaining a letter of administration the beneficiary has to apply to the court. The court on receiving satisfactory proof of valid execution of the will issues letter of administration to the beneficiary.

The application for letter of administration has to contain the following details:

(a) the time of the testator's death

(b) that the writing annexed in his last will and

testament

(c) that it was duly executed

(d) the amount of assets which are likely to

come to the petitioner's hands, and

(e) the petitioner is the executor named in the

will

PROCEDURE FOR OBTAINING PROBATE

A petition for probate must be filed in court along with the will in question. It should contain the following facts.

(f) the time of the testator's death

(g) that the writing annexed in his last will and

testament

(h) that it was duly executed

(i) the amount of assets which are likely to

come to the petitioner's hands, and

(j) the petitioner is the executor named in the will The application for probate shall be signed and verified by the executor or beneficiary. The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper. After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate. A general public notice is also given in a newspaper.

The petitioner is thereafter asked to establish the (a) Proof of death of the testator;

(b) Proof that the will has been validly executed by the testator

(c) Will is the last will and testament of the deceased

PROOF OF DEATH

Proof of death is usually shown by submission of original death certificate If a person was killed in an action while serving in armed forces, the official notification may be produced in proof of death of the testator. Where there is an air crash or sunk ship on the high seas and there is no possibility of survival and a persons body is not recovered the court may take notice of the occurrence and be satisfied regarding the fact of death. Where a person disappears or is missing, such a person as per law is presumed to have died if he is not heard of for a period of seven years.

ISSUE OF PROBATE BY THE COURT

On the satisfaction that the will in question has been validly executed the court will grant probate to the executor named in the will.

If it is in your father's and his brother's name, father being deceased, the brother is the only surviving co-owners who has absolute rights over his share of the property. You being the legal heir of your father are free to alienate your father's share of the property. Letter of adminstration as the name implies confer administration rights over the deceased property.

The co-owner has to release his rights over the property in favour of you and others thereby paving waving to alienate the property. Consequently, the purchaser can move for mutation.

1. Obtain a Legal Heir Certificate from the local competent authority (Tahsil /Collector /Court).

2. Based on above, EXECUTE a Sale-Deed with the Purchaser, wherein all the residual legal heirs of the deceased shall jointly, mutually with consent sign on the Sale-Deed. This is the cheapest and would suffice all legal requirements of future.

HOWEVER:

3. "Letter of Administration" from the Probate court, & Legal expenditure, would entitle expenditure literally to the aggregate tune of One lakh & above, depending on the rate''able cost of the property.

Keep Smiling .... Hemant Agarwal

1. You shall have to file an application praying for grant of probate of the will after paying the required court fee maximum of which is Rs.50 k in West Bengal.

2. Make sure that you can avoid mutating the name of the property before selling it off even after getting the grant of probate.

1. You shall have to pray for the probate of all the properties mentioned in the will or all his properties if no details of his properties have been mentioned in his will.

2. Availing probate of a will is not independent of the properties but for all the willed properties for which court fee shall have to be paid as per scheduled rate fixed based on the valuation of the property with a maximum amount which is Rs.50 K in case of filing probate application before Courts at Calcutta.

Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.

Form for the grant of Letters of Administration is in Schedule VII of Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application can be made 14 days after the death. The court grants the letter to beneficiary on being satisfied and if no one applies it may be granted to the creditor of the deceased.

mutation process is less cost than compared to obtaining letter of administration.

What is the total cost involved in this process? Also, does this letter of Administration apply to only the house or to other property in his name too.

It shall apply for the estates and movable assets too.

Do we need different letters of Administration for different properties/bank/stocks? If not, why do we pay "pay court fees depending upon value of the property" ?

A letter of administration containing all the details of the properties whether movable or immovable shall be sufficient.

The provisions of Indian succession act, 1925 says:

A person to whom a grant of Probate or Letters

of Administration is made is required to file a full and

true inventory of the property and credits of the estate

and of all the debts owing by any person in Court

within six months, or such further time as the Court

may allow from the date of the grant and to render

accounts within one year, or such further time as the

Court may allow (section 317).

3. The form in which the grant of Probate is to be

made will be found in Schedule VI to the Act and that

for the grant of Letters of Administration in Schedule

VII.

4. The duty of an Executor or Administrator in regard

to the exhibiting of an inventory and account and

the penalty to which such Executor or Administrator

becomes liable for omission to comply with the requisition

is detailed in section 317 of the Act, and this

section is printed in small type at the foot of the form of

grant prescribed by the High Court. (Form No. 176 in

Part A-II of Volume VI, High Court Rules and Orders). If

for any reason the printed form is not used a copy of

section 317 should be delivered to the person receiving

the grant so that there may be no excuse for failure to

comply with the requirements of the law.