Relevancy of Succession Certificate
By
R. N. S. P. Achanta
Under the Part X of the Indian Succession Act, 1925, Section 370(1) specifically provides that no succession certificate shall be granted with respect to any debt or security to which a right is required to be established by letters of administration or probate. But Section 213 read with Section 57 thereof says that a will does not require any probate in case it is made by a Hindu. Budhist. Sikh or Jaina. Section 214 is a direction to a Court of law that unless a succession certificate probate etc. is produced by a heir, no decree or proceeding for recovery of the debt due to the deceased person shall be passed made.
For Hindus, in addition to some of the provisions of the said Act, the Hindu Succession Act, 1956 is applicable.
If a Will is in existence on which property is to be recovered, a letter of administration/ probate is required and no succession certificate should be granted by a Court on the basis of the Will. But if such Willis made by a Hindu. Budhist, S ....