You have to apply for succession certificate from Howrah as death certificate mentions father died in Howrah and it is is in respect of shares
letters of administration is for movable and immovable property
Succession certificate or letter of administration
I am currently a resident of Kolkata district. My father had invested in certain shares of a company in the name of my grandfather in the year 1983/84. My grandfather then expired in the year 1993 at Howrah district and his death certificate mentions Howrah district our old residence address. The shares were applied and all communication related to those shares are made through my grandfather/fathers office address of Kolkata district since 1983 onwards. Now we want to change the names of shares to my father and other legal heirs. But problem is 2: whether we need to apply succession certificate from Howrah district court/any Kolkata based court which is in the jurisdiction of our current residence/our office address where we receive all communication. Howrah court is very tedious which we want to avoid as it’s reach from our current address and also it takes v v long time there. Or else if we go through letter of administration can it be possible ?? How ??
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
Since shares are also movable property, will it be easy: succession/letter of administration. Also what’s the process of letter of administration.
Asked 4 years ago
Succession certificate should be applied for
petition has to be filed in district court for issue of succession certificate or letters of administration
enclose death certificate of deceased
list of shares standing in name of deceased
pay the court fees
it takes around 6months for issue of succession certificate or LA
1. For moveable assets succession certificate alone is the remedy. Letters of administration will not do.
2. It's to be applied at the place where he breathed his last. If he had no fixed place of residence then only you can apply for it where the assets lies.
Decide accordingly.
Dear Client,
You have to apply succession in Howra district.
A succession certificate, issued by the court after necessary investigation, establishes who the legal heirs are and grants them the authority over the debts, securities and assets of the deceased. It also mentions the relation of the petitioner with the deceased, details of other surviving legal heirs, the time, date and place of death of the deceased and that the deceased died intestate.
In your case succession certificate application filed at Howrah district court. for your information please do understand that when and where we use letter of administration used
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.
- You should file a petition for getting succession certificate before the District Judge , Kolkata.
- As per law, this petition should be file where you father has died .
you need to seek the same from competent court by applying the same through filing a petition. You will receive the same in 6 to 8 months depending on covid issues.
First apply for transfer of shares in father name and only when company ask for SC, apply for it. LoA dose not transfer shares.
Can apply at howrah court.
Whether succession certificate or letter of administration, you may have to approach court with a case for obtaining either of it.
The jurisdiction shall fall in the place where your grandfather last resided for more than a year preceding his date of death.
You can apply for succession certificate or letter of administration.
f someone dies interstate before administration of estate entrusted to someone or when no executor shall appoint under the will of deceased or when executor then appointed but he refuses to act, then Letters of administration may issued to entitle the administrator to all rights required for effective administration of the estate of deceased. An application should file to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts
A Letter of Administration may granted to one or several people who may apply to the Court. If no one applies, it may then granted to a creditor of the deceased.
Form for the grant of Letters of Administration is in Schedule VII of The Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application then made after 14 days of the death.
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:
- The time of the testator’s death
- That the writing annexed in his last will and testament
- That it was duly executed
- The amount of assets which are likely to come to the petitioner’s hands, and
- The petitioner also the executor named in the will
1. You shall have to file the succession certificate at Howrah Court despite the fact that all want to avoif the said court, for the sole reason that your grandfather officially resided at Howrah.
2. The question of letter of administration does not arise in the instant case.
You shall have to apply for and avail Succession Certificate from the Court for all the movable assets.
Yes you need to obtain succession certificate from District court of Howrah District as it was the address mentioned in death certificate of your grandfather.
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his death. Letter of administration is granted for whole estate (all the money and property owned by a particular person) of deceased died intestate. Whereas Succession certificate issued with regards to debts and securities. Both will be granted by court. Both have to be obtained through court only.
The Applicant has to approach the concerned District Judge and file a petition seeking grant of LOA.
The petition has to be rightly drafted mentioning all the requirements as per the law like details of death of the deceased, details of other surviving legal heirs and beneficiaries, the right in which the applicant claims, description of assets and amounts, etc.
Along with the Petition, all the relevant documents have to be annexed like the death certificate, relationship proof, property related documents and other documents that the court may require.
After the filing of the petition, the District Judge will examine the Petition and registers it and issue notices to those who may have an interest in the property/s of the deceased and the concerned court also ask for publication of notice for the general public in a daily newspaper calling objections, if any.
The Court may require further evidence to establish right of the petitioner to the letters of administration
The Court, if satisfied, will pass an order for grant of LOA in favor of the Applicant.
Get succession Certificate
