Complete guide on Succession Certificate in India

Complete guide on Succession Certificate in India

Date : 14 Mar, 2020

Post By Adv. Munish Malik

This blog talks about the meaning and steps to get a succession certificate in India. This article will also discuss about the mandatory information and document that should be mentioned and attached with a succession certificate application.

Meaning of Succession Certificate

Succession certificate is a certificate that is issued by the Indian Courts. The certificate is given to the successor of a deceased person who has died intestate when he/she did not leave a legal will. The certificate gives indemnity to all the people who owes debts or are dependent on such securities with regards to a person to whom a certificate as granted.

Indian Succession Act, 1925 governs the procedure and tells us about the mandatory requirements for the Succession Certificate.

1. Steps to get a succession certificate

In order to get a Succession Certificate, an application should be filed in the District Court which is competent i.e. the place where the deceased person was ordinarily residing or where the immovable property is located. 

2. Mandatory details required in the application for succession certificate

The particulars that are required to be mentioned for a succession certificate are provided under the Indian Succession Act, 1925 and every application goes through the process of getting signature and has to be verified in harmony with the provisions of the Code of Civil Procedure, 1908 which is applicable to plaints. As the application now becomes a plaint which is verified, due care should be taken to maintain on its being correctly and briefly drawn up.

The following information must be mentioned in the application

1.The name and relationship of the person who requires the succession certificate.

2.Names of all the heirs and relatives of the deceased person.

3.Details about the time, date and place of the death of the person should also be mentioned in the application.

4.Death certificate copy needs to be attached along with the application.

5.Details of the immovable properties for which a succession Certificate is required.

Cases where legal heirs are residing outside India

An Application for the succession certificate has to be filed through Power of Attorney, the personal presence of an individual before the court is not mandatory for the purpose of getting a Succession Certificate in India.

Newspaper Publication informing the Public at large

As soon as the application for a succession certificate is filed before the Court, it will issue a notice to all the legal heirs and close relatives of the individual so that all the people having any objection in the grant of Succession Certificate in favor of Applicant can raise an objection.

Extension of Succession Certificate

The Court also has power to extend the Succession certificate to any other immovable property which was not known to the applicant at the time of filing of the application.

Effect of succession certificate

The succession certificate of the District Judge shall, be conclusive as against the persons having such debts or liable on such securities, and shall have complete indemnity to all such persons as regards to all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the succession certificate was granted. Effect of the succession certificate granted or extended by Indian representatives in foreign states and in certain other cases.

Steps a person should follow to get a succession certificate:

1.The applicant has to prepare a petition.

2.Then the applicant has to verify the petition and submit it to the district judge in the appropriate jurisdiction. Also, appropriate court fees has to be paid.

3.  The district judge will then go through the petition and do an inspection.

4. Afterwards, the judge will choose a day for the hearing and also a notice of hearing will be sent to whomsoever fits it.

5. After the hearing of all the concerned parties, the judge will come to the conclusion whether the applicant should be granted the certificate or not.

6. In the meantime, the district judge may also require that the applicant should submit a bond with one or more sureties or security.

The author of this blog is Adv. Munish Malik having an experience of 5 years in handling Property related matters from his experience he wants to share this beneficial information for the individuals having any issues with respect to Property related matters.

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