What is a Succession Certificate?
A succession certificate is given to the successor of a dead person who has not prepared a will so as to determine the authenticity of the successor and also to offer the certificate holder authority over the deceased person’s debts and securities. The payment of debts of the dead person and also the transfer of the securities of the dead person are often made by the certificate holder.
Who issues a Succession Certificate?
A succession certificate is issued by the district judge of the relevant jurisdiction. The relevant jurisdiction would be where the dead person ordinarily resided at the time of his death or if no such place is out there, the jurisdiction within which any property belonging to the deceased could also be found.
What is the procedure to obtain a Succession Certificate?
The legal procedure to get the succession certificate is highlighted as below:
Step 1: Preparation of Petition
The applicant will prepare a petition, verify and sign an equivalent and submit it to the district judge within the appropriate jurisdiction after paying the acceptable court fees.
Step 2: Submission to Court
The district judge will give a chance for the preliminary hearing of the petition filed by the applicant/petitioner and if the petition is admitted, he shall fix each day for the ultimate hearing in respect of an equivalent and also send notice of the hearing to whomsoever he thinks fit.
Step 3: Grant of Certificate
After hearing all the concerned parties, the judge will decide if the applicant is within his right to use for the succession certificate and shall grant the succession certificate to him if satisfied.
Step 4: Submission of Bond
The district judge can also require the applicant to supply a bond with one or more sureties or the other security so on observe any possible loss arising out of the utilization or misuse of such certificate.
when Succession Certificate is required?
A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.
Who can apply for the Succession Certificate?
Any person who features a attained the age of majority has a sound mind and an interest within the estate of the deceased are eligible to file an application for a succession certificate. However, it shall be pertinent to notice that a minor through a guardian also can apply for a certificate.
Documents required when applying for Succession Certificate
The legal heirs of the deceased must file an affidavit petitioning their claim to the property. The petition is to be made to the District Judge or in supreme court. It must be signed and verified by the applicant. It must include the subsequent details:
- A copy of the death certificate has got to be produced,
- The time of death must be mentioned on the death certificate,
- The ordinary residence of the deceased before death. Or if no such address is out there, then the small print of his property that falls within the jurisdiction where the petition has been filed,
- Address, Name & other details of the legal heir, family or other near relatives, as per the Act,
- NOC or No Objection Certificate (from legal heirs aside from the petitioner)
- Any legal heir who wishes to relinquish his right to the estate, he must declare so in an affidavit.
- Name, Address, and occupation of the petitioners,
- Copies of their Ration Cards or Passports,
- The right of the petitioner has got to be mentioned,
- The debts and securities that the certificate is being applied for,
- A declaration to be made for the absence of any reason to invalidate the grant of the certificate.
What is the validity of the Succession Certificate?
The succession certificate is valid in Indian territory. In cases where the person requiring the certificate may be a resident of a far off country then he or she may request the govt to appoint a representative of such foreign residence to effect the validity of the certificate. The certificate shall be stamped as per the Court Fees Act, 1870. It shall be pertinent to notice that the validity of the certificate is often extended just in case of any debt recovery on an application made to the district judge only by the succession certificate holder which shall have an equivalent effect because the original succession certificate.