• Letter of Administration

Is letter of Administration same as succession certificate?
Is the person who is granted the letter of administration, by HC in Mumbai, act on behalf of the properties mentioned in the suit document, or for other properties also which lie in the name of the deceased?
Asked 4 years ago in Property Law
Religion: Muslim

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14 Answers

No LoA is different from succession certificate.

LoA is obtained for a will when no executor or executor has denied execution of will

Succession certificate is to inherit property , bank accounts other financial transition where no will.

No if he is appointed to execute the will property shall be distributed as per the will of deceased person.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

The difference between both the certificates is as follows:

Succession Certificate

In case a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. Formalities like realization of debts and securities, transferring of assets and to inherit debts to realize the debts and securities of the deceased can be completed by legal heirs only after grant of succession certificate. A beneficiary makes an application to a civil court and court may grant the certificate according to Succession Act, if it is satisfied.

Letter of Administration

If someone dies interstate before administration of estate is entrusted to someone or when no executor is appointed under the will of deceased or when executor is appointed but he refuses to act, then Letters of administration may be issued to entitle the administrator to all rights required for effective administration of the estate of deceased. An application is to be filed to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) succession certificate is only for movable debts and securities

2) LA is for immovable and movable property

3) person who has been granted LA can deal with the properties of deceased

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

person who has been granted LA can sell the property of the deceased

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Hi, succession certificate relates to legal heirship on the properties of deceased .. Once , you acquire succession certificate in respect of perticular properties, you can sell the property further

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) Yes, person who has LOA certificate issued by court can sell the property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

LOA is intended to deal with the property of the deceased testator or testatrix. Whereas SC is meant for dealing with the funds lying in the account of the deceased which can be obtained by the legal heir.

Whether the property can be sold or not has to be in accordance with the rights conferred in LoA.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Letter of administration is different from succession certificate.

Person given letter of administration can meddle with the property of deceased. It is issued both for moveable and immovable properties. It is issued for proper administration of estate of deceased.

Succession certificate is issued to legal heir who will succeed to estate and for receiving other benefits of the deceased person.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Is letter of Administration same as succession certificate?

Yes

Is the person who is granted the letter of administration, by HC in Mumbai, act on behalf of the properties mentioned in the suit document, or for other properties also which lie in the name of the deceased?

Yes

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Is the person who has letter of administration, the sole authority to sell the property?

yes definitely the said person may go ahead and dispose off the properties

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The administrator only can manage the property till the time being and he is no the successor or owner of the property, he can oy act in the benefit of the property. He can't sell the property. The disposing or sell of the property is allowed on in case of the property is perishable and hazardous he has to approach the court and get orders of selling or disposing it. Even case of leasing the property he has to get the order from the court

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. LA holder can execute /administer, in ANY & ALL manner, BUT ONLY those properties which are annexed under List of Properties with the LA Decree.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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 .

A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will.

The letter of administration shall be for all those properties that have been shown in the schedule of properties.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Is the person who has letter of administration, the sole authority to sell the property?

Letters of administration shall be the authority to sell the property

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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