Not all persons write wills. Some just leave behind their properties without telling about the succession. This is when the person has ‘died intestate’. Heirs should get what is legally theirs. In these times, a succession certificate comes in handy. It establishes the rights and liabilities of the certificate holder. Here’s all you need to know to get a succession certificate in India.
What is a succession certificate?
A succession certificate is a document/ certificate that is granted to the legal heirs of a deceased person who does not leave a will. It helps you to establish as a legitimate heir to the deceased.
What are the effects of a succession certificate?
The holder of a succession certificate
- Has a claim over the property and assets of the deceased person.
- Has the authority to represent the deceased in collecting debts and securities due to the deceased or payable in his name.
- Inherits the debts and other liabilities of the deceased person.
The succession certificate is valid throughout India. The Indian Succession Act, 1925 governs the same.
Where can you get a succession certificate?
You can apply for a succession certificate in the civil court. A civil court can be either a district court or High court. It depends on the value of the property and assets.
Remember, you have to apply in the civil court where the deceased person resided and not where you reside. You can also apply in the civil court where the properties are situated.
How to get the succession certificate?
You have to apply for a succession certificate by way of a petition. The petition should contain the following details:
- The time of the death of the deceased.
- The ordinary residence of the deceased at the time of his death.
- The family or other near relatives of the deceased and their respective residences.
- The right in which you claim as an heir.
- The details of the debts and securities in respect of which the certificate is applied for.
- The absence of any disputes to your claim.
Do not knowingly give any false information in this petition. It is an offence under the IPC.
The court will issue a notice to all legal heirs for filing any objections. If there are objections, the court will hear and decide the same. The court will also issue a notice in the newspapers It specifies a specific period to raise objections (generally 45 days).
If there no objections, the court then proceeds to levy a fee for the issuance of the certificate. Court fees also has to be paid in the form of judicial stamp papers. Only after payment of court fees, the court issues the succession certificate. You can then claim your shares according to your own inheritance laws.
A succession certificate will not be granted in cases where obtaining a Probate or Letter of Administration is necessary.
What are the documents required for getting a succession certificate?
- Death certificate of the deceased person.
- No objection certificate (from other legal heirs)
The issuance of succession certificate usually takes time. This is important because the certificate even gives access to the bank accounts of the deceased person. So be patient when you apply for a succession certificate.
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