If you also want to obtain a Succession Certificate in Kolkata but don’t know about the procedure and the documents then you need not worry about it. The best team of lawyers at Lawtendo in Kolkata will navigate the whole process of obtaining a Succession Certificate.
A Succession Certificate is a document that is issued by the civil courts exercising jurisdiction over the area where the deceased last resided. A succession certificate gives the authority to the holder to receive the debts and securities under the name of the deceased or be liable for the debts and obligations due to the deceased in the case where the deceased has died intestate.
As the name of the certificate implies it is a succession certificate that is obtained by a legal heir of the deceased. Therefore, the Indian Succession Act, Hindu Succession Act, Sharia Law, etc. These are the major laws that govern the issuance and procedure with which a succession certificate is to be issued to an individual based upon their religious beliefs and personal laws.
A Succession certificate solves a handful of purposes. Some of them are as:
A succession certificate plays a major role when it comes to the question of banking or financial transactions in Kolkata as it acts for two major concrete pillars:
The documents that are required to obtain a succession certificate in Kolkata are:
So, these are the documents that an applicant must carry with them for presenting an application to the civil court for applying for a succession certificate in Kolkata.
Unlike a legal heir certificate, the applicant for a succession certificate is not required to be direct kin but he/she should be the person who should possess the most interest in that contested debt or security of the deceased. The eligible applicants for a succession certificate in Kolkata are:
Therefore, these are the eligible persons who can be an applicant for a succession certificate in Kolkata.
A succession certificate is required in cases where the deceased has died intestate and has left no will. In simple words, a Will is a document that explains the manner of the devolution of the assets of the deceased and the name of the person who will be the possession of the property of the deceased.
Generally, in the cases of immovable property, a gift deed or transfer acts as a guiding light regarding the legal heirs. But at times when the deceased has left with no Will and the legal heir has to establish their rights of ownership a succession certificate is required. It is because the right to collect rent, any payment, or dues is determined by a succession certificate therefore, the application for immovable property is required to be filed at the place where the property is situated.
Succession Certificates are most commonly used for taking the inheritance of the deceased movable property; it can be securities, bank balance, fixed deposits, mutual funds, etc. Banks always require proof of the death of the deceased in the form of succession certificates.
The process of obtaining a succession certificate in Kolkata is lengthy, time-consuming, and hard. Therefore, you will require expert guidance to get one for yourself. Don’t worry we are here to guide you through the procedure.
The powers of the court in the issuance of a Succession Certificate in Kolkata are very vast and even a separate court is established for such purposes so that the claims of the legal heirs never go unnoticed.
As the Succession Certificate is governed by the succession laws of the country hence its validity runs all around the nation. A Succession Certificate issued in Kolkata can also be made applicable in Uttarakhand. This is because a Succession certificate always bears the name of the holder, and the debts and securities and their associated functions to which the holder is entitled.
If the succession certificate is granted outside India by a body that is governed or controlled by the Indian Government then in such an instance the validity of an overseas certificate is the same as that of a certificate issued in India.
A succession certificate is valid all over India. However, there are different Stampy Duty in the form of court fees paid to the court. Usually, it runs around 2-3% of the value of the property but there is still no straighjacket formula to calculate the stamp duty implications on issuing a succession certificate in Kolkata.
There are some major reasons why a Succession Certificate can be revoked in Kolkata these are:
Therefore, these are the reasons for which the actually granted succession certificate was revoked in Kolkata
The steps for invoking the revocation process of a succession certificate in Kolkata are:
This is how the process of revocation of a succession certificate in Kolkata works out.
Points of distinction
Legal Heir Certificate
Classification of the Assets
It is applicable to immovable assets
It is applicable to movable assets
Authority to issue the certificate
It is issued by the local authorities
It is issued by the Courts
1. Why is a Succession Certificate essential in Kolkata?
A Succession Certificate is essential in Kolkata to manage the property of the deceased and to take upon their debt and securities when the deceased dies intestate.
2. How much time do courts take to issue a Succession Certificate in Kolkata?
Courts usually take around 45 days to issue a succession certificate in Kolkata.
3. What is the total cost of getting a succession certificate in Kolkata?
The fees for issuing a Succession Certificate by the Court are based upon the principles enumerated under the Court Fees Act, 1870, hence running around 2-3% of the value of the property of the deceased.
4. What happens if some debts or securities are missed by the Court to mention it under the Succession Certificate?
In such a scenario, the holder can move to the court asking for amendment or extension to the Succession Certificate.
5. Can the application for the Succession Certificate be made online in Kolkata?
Yes, absolutely it can be made online with the help of legal experts.
6. Which authority issues a Succession Certificate?
It is issued by the District Judge of the Civil Court exercising jurisdiction over the area.
7. What are the documents required to apply for a Succession Certificate in Kolkata?
The required documents are the death certificate of the deceased, their address, and identity proof of the legal heirs, etc.
8. How do Civil Courts deal with more than one application for a Succession Certificate in Kolkata?
In such a case, the court grants a Shared Succession Certificate to all the legal heirs after careful examination of their rights.
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