you have to apply for letters of administration only for movable and immovable properties .
2) succession certificate is only for movable debts and securities
If there are movable as well as immovable properties left by deceased without will, if a legal heir wants, can he/she apply for both - Succession Certificate and LOA ? can they be applied separately? or it is must that only LOA is the remedy?
you have to apply for letters of administration only for movable and immovable properties .
2) succession certificate is only for movable debts and securities
Agree, but can i not apply for Succession certificate for debts and securities and thereafter go for LOA for immovable separately?
What is the need of both, when no difference between legal heirs. Just apply for legal heir certificate - fast to issue and economic.
Both for SC for securities and LOA for immovable property - heavy court fees will paid, unnecessary expanse.
1. Letter of Administration (LA) is a final decree and all movable & immovable properties of the deceased can be covered under it, without any futuristic disputes, at the hands of any other legal heir claimants /beneficiaries.
2. Succession Certificate can also be applied, BUT will get infructuous AFTER issue of LA, to the same applicant.
For some reason I am exploring possibilities for separate proceedings. By applying Succ. Cert first, I do not want to lose my right to apply for LOA. Expenses and time are not issues. The big question is, does law allows you to apply separately when both, securities and immovable exist? Sec. 370 read with ss 212 & 213 probably means succession certificate cannot be granted when LOA is compulsory. Therefore, you must apply for LOA only when securities and immovable both exists
It is your case that deceased died intestate and left behind both movable and immovable property
2) in such a case you need to apply for LOA
3) you cannot apply for SC then LOA
1. Immovable property CANNOT be claimed via a succession certificate, which is primarily meant for movable property. Succession certificate can be applied by all Class of legal heirs.
2. LA is "MUST" for immovable properties can only Class-I legal heir are entitled to apply for the same. There are several parameters while applying for LA.
3. IF you apply for succession certificate for selected movable properties, THEN while applying for LA, you would have to declare the fact about movable properties and exclude them from LA. You would have to satisfy the court registrar about the multiple certificates being applied for.
Any heir can file for issue of SC, rest heirs will made respondent. For LOA, separate suit will file in same court.
Letters of administration entitle the administrator to all rights belonging to the intestate, and when LOA sufficient for both, what is the need of SC.
You can apply separately for succession certificate and LA
Or you can make a single application for LA for both movable and immovable properties
There is no restriction I see in the succession act which says that if succession certificate is applied for then subsequent LA petition cannot be filed
At the highest in the subsequent LA petition you can disclose that previously a succession certificate was obtained for administering the debts and securities of the deceased
But I am surprised behind the reason for applying separately
What advantage do you gain by doing so?
Any beneficiary can apply for LOA and succession certificate in court
Succession certificate is issued for debts and securities.
LOA for immovable properties.
Once the assets are consolidated and movable property is ascertained, Letters of Administration or Succession Certificate (as the case may be) may be granted by a court of competent jurisdiction upon satisfactory proof produced by the person claiming a right to such asset.
In cases where a person has passed away without making a Will or prepared a Will but the executor either refuses to take responsibility or is incapable or deceased, Letters of Administration is granted by a competent court for distributing the estate of the deceased among the legal heirs. Generally administration of the estate is granted to the legal heir who is entitled to the whole or any portion of the estate of the deceased, or in case of more than one person making such application the court may at its discretion grant it to any one or more of them, or in the absence of any of them, it may be granted to the creditor of the deceased.
A Succession Certificate is a document issued to a person claiming a right with respect of any debt or security, which forms a part of the estate of the deceased (except where the law requires Probate or Letters of Administration).
Succession Certificate is only in respect of movables and cannot be obtained for immovable property. Merely obtaining a Succession Certificate does not vest the property absolutely in favour of the holder of the Certificate; but it only gives him the right to distribute the property of deceased under the personal laws of inheritance of the deceased.
You can think about getting succession certificate or LOA for both the assets through a court of law.
In case of immovable assets, only Letters of Administration may be obtained from a competent court as Succession Certificate is only to facilitate collection of a debt on succession and afford protection to parties paying debts to representatives of a deceased intestate.
succession (testate or intestate) in India is as per the body of personal laws codified either under specific personal laws or the Indian Succession Act, and generally, in case of intestate succession, the Letters of Administration or Succession Certificate may be obtained for the purpose of administration of the estate of the deceased..
you can apply for Letter of Administration. Letter of Administration is issued by a competent authority (court) and appoints the Administrator to dispose of the property of a person.
You can simultaneously for both legal heir certificate and succession certificate.
Legal heir certificate will be obtained from tehsildar and succession certificate will be obtained from court.