What is a Succession Certificate?
Succession Certificate is a certificate granted by Civil Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal will. A succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it.
The succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisations and persons request a succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities. The succession certificate is issued according to the applicable law of inheritance.
Procedure for Succession Certificate
Creation Of Application
We will connect you to lawyers, who will create the application for succession certificate after collecting all the required documents.
Filing Of Application
If the District Judge is satisfied as to the ground of making the petition, an opportunity will be granted to hear the persons who, in his/her opinion, should be heard. After hearing all parties, the Judge will decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate.
Documents required for Succession Certificate
- Time of death of the deceased.
- Residence or details of properties of the deceased at the time of death within which the jurisdiction falls under.
- Details of family or other near relatives
- The rights of the petitioner
- Absence of any impediment to the grant of certificate
FAQs on Succession Certificate
In the absence of nomination or will, the heirs to a piece of property or financial assets are required to prove their claims to them. In such cases, depending on the asset, an heir might be asked to produce either the succession certificate or the letter of administration.
For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required. For immovable property like land or jewellery, one has to produce the letter of administration in support of his or her claim.
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.
A court can sometime require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the debt or securities.
A succession certificate has validity throughout India.
If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.
If someone dies intestate 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.
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