CAN THERE BE TWO PROBATES /LETTERS OF ADMINISTRATION IN INDIA?
An interesting question came up recently, can there be more than one probate ? One for Specific property and another for rest or general properties? It was a different question, and I was curious to know can this happen? So, started reading provisions and on research I got the answer. No, you will have to read entire blog. It was not easy for me too. So, let’s go… When there is a Will or application of Letters of Administration its governed by Indian Succession Act,1925. Otherwise property is devolved as per personal succession. Let’s see provisions of The Indian Succession Act,1925 Section 232 in The Indian Succession Act, 1925 232. Grant of administration of universal or residuary legatees.—When— (a) the deceased has made a Will, but has not appointed an executor, or (b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the Will, or (c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, a universal or a residuary legatee may be admitted to prove the Will, and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. Section 254 in The Indian Succession Act, 1925 254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.— (1) When a person has died intestate, or leaving a Will of which there is no executor willing and competent to act or where the executor is, at the time of the death of such person, resident out of the State, and it appears to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks fit to be an administrator. (2) In every such case letters of administration may be limited or not as the Court thinks fit. Section 255 in The Indian Succession Act, 1925 255. Probate or administration, with Will annexed, subject to exception.—Whenever the nature of the case requires that an exception be made probate of a Will, or letters of administration with the Will annexed, shall be granted subject to such exception. Section 257 in The Indian Succession Act, 1925 257. Probate or administration of rest.—Whenever a grant with exception of probate, or of letters of administration with or without the Will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased’s estate may take a grant of probate or letters of administration as the case may be, of the rest of the deceased’s estate. The answer to the question propounded in the order of reference must be found only in chapters 1 and 2 […]
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