• Succession certificate and LOA

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?
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

you have to apply for letters of administration only for movable and immovable properties . 

 

2) succession certificate is only for movable debts and securities 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

you would be incurring double expenses for legal fees 

 

apply for LA only . it saves time and money 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Sir / Madam, 

First apply for Succession Certificate through the Court.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Yes sir. I cannot be applied separately.

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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?

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

Any beneficiary can apply for LOA and succession certificate in court

Succession certificate is issued for debts and securities. 

LOA for immovable properties. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Both can be applied mentioning movable assets for succession and property in LOA.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can go for letter of administration for properties.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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..

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Both are not required as the single succession certificate can suffice the purpose. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there are to sorts of property, one is immovable and another are movable.
  2. I would like to tell you that purpose of succession certificate and LOA is different.
  3. Succession certificate is the later stage of applied first for LOA, and if the LOA is issued then you might be having limited right, but it doesn’t mean that you won’t be getting succession certificate for the properties.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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