Gaurav Tanwar
The succession certificate took a very long time but eventually got it. Good follow-ups but need to improve the processes.
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Services Overview
According to the Indian Succession Act, a succession certificate is a document that authorizes a person to represent the deceased for debts and securities due to him or payable under his name. A succession certificate is a cue in the absence of a will, it serves as a primary document through which the heirs can claim the assets of the deceased relative in the relevant jurisdiction, in the case of movable property. However, when it comes to immovable property there are documents like gift deeds. This certificate authorizes a person to protect and procure the debt and securities of the deceased person. After issuing the certificates, the beneficiary doesn’t get the absolute right of succession over the property of the deceased person because a succession certificate doesn’t determine the right, title, interest of the deceased person to a particular property or the entire property. The successor of the intestate person is/are entitled to the inheritance of the deceased’s property.What is the importance of the Succession Certificate?An individual requires a Succession Certificate in the unfortunate event of an intestate death in his/her family. Since the deceased leaves behind no Will, a Succession Certificate serves as a legal document through which the debts and securities of the deceased can be realized.
To Obtain a succession certificate
- Preparation of the documents
- Drafting of Petition
- Submission and Court Visit
- Grant of Certificate
You must collect the documents to suggest the asset or debt belonged to the deceased and the death certificate of the deceased, their identity card, ration card of all legal heirs and any other documents as suggested by the lawyer.
A petition for succession certificate includes details such as the time of death of the deceased, residence or details of properties of the deceased at the time of death, details of family or other near relatives and others. It is best advised to find legal help in order to create the petition, because if anything goes amiss, it may have serious consequences.
The petition will be moved in a court of competent jurisdiction and the date of the visit shall be intimated to you by the lawyer.
After hearing all parties, the Judge shall decide the right of the petitioner to be granted the succession certificate.
Estimate Time Required
The complete procedure of obtaining a Succession Certificate will take 30-45 days depending on the court.
*Any additional work required by the advocate before/after making the petition for succession certificate shall be charged to the client.
Documents Required for Succession Certificate
Death certificate
Identity Card of all the legal heirs (Pan Card).
Ration card of all the legal heirs.
Prescribed application form by affixing a court fee stamp.
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Rohit Kumar
I got a death certificate and a succession certificate of my grandfather made from their lawyers. They got that to me on time. Thanks.
Rahul Joon
Slow process but good interaction with Adv. Jai Dixit. Helped me understand the matter and provide timely updates.
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FAQ
A succession certificate is required to realize the debts and securities of an intestate deceased.
Depending upon the court hearing the petition, the succession certificate can be obtained in approximately 30 to 45 days.
Yes, a court can sometimes 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 in order to indemnify the persons who may be entitled to any part of the debt or securities.
To procure a succession certificate one needs to file a petition to the district judge of the relevant jurisdiction, i.e., where the deceased person originally resided at the time of death. If there is no such fixed place of the deceased person then the jurisdiction is considered within which any property of the deceased person is found, and the succession certificate is issued.
In legal terms, probate is not to be confused with a succession certificate because probate is a legal procedure by which the court of the relevant jurisdiction validates a will as the last will of a deceased testator. Probate simply means a copy of a certification from the court of a relevant jurisdiction where the will be transferred to the petitioner or beneficiary of the will. when a competent court issues probate it serves as the conclusive evidence of the legitimacy of the will of the deceased until repealed. No evidence can challenge the document except the revocation of the probate. A probate is usually required when a testator owns the entire property or estate. It happens in cases where there are no co-owners of the property, by the law probate is a mandatory document for a testator’s property which is to be transferred in the names of the beneficiary.
The application for a succession certificate can be made by a person having a sound mind, not being a minor, and having an interest in the estate of the deceased. The interested applicant can be the widow of the deceased or a person having a beneficial interest in the security and debt of the deceased person. A minor can grant a succession certificate through a guardian related to the deceased. The petition of the succession certificate should contain the following particulars. The application should be made to the relevant district judge under section 372 of the Succession Act.
Time of the deceased’s death.
Details of the properties and residences of the deceased at the time of death within which the jurisdiction falls under.
Details of the family and other near relatives.
A broad detail of the rights of the petitioner and the debts or securities of the deceased person for whom the succession certificate is applied.
Providing no objection certificate of the other heirs.
Absence of any impediment in the grant of the certificate/sec. subsection (1) of section 370 of the act or any other provision of the enactment.
The petitioner must sign the petition to verify it.
For Movable Properties:
The successors of the deceased claim a document known as a succession certificate which is issued by the court for the count for claiming movable properties.
It is applicable in cases of movable assets like bank deposits, FDs, etc.
If someone dies without leaving a will (intestate) then the civil court grants to release all the securities and debts of the deceased person. It gives authority to the heirs to establish legitimacy to deposit or transfer the assets of the deceased. Here the laws of inheritance get applied to the beneficiary who fills the applications of succession in a court of the relevant jurisdiction.
Step-1: Any beneficiary has to file a petition of succession certificate in the relevant jurisdiction that is the dead person decided this is done to inherit or transfer the assets of the deceased.
Step-2: The succession certificate establishes the authenticity of the beneficiary and gives him the authority to inherit or transfer the assets of the deceased, he also carries the full respectability and liability or honoring any debt or security received as in succession certificate
Step-3: For all the application made by the petitioner in the relevant jurisdiction is applicable as per the law of inheritance
For Immovable Properties:
The ownership of legal heirs can be taken by them, through a system of the process of transfer based on the factum of the will of the deceased person or law of natural succession where inheritors are class 1 legal heirs.
Through a gift, deed transfer can take place when the person is alive too. In another case, a person can claim his right through a partition.
A succession certificate extends its validity throughout India. If an Indian representation arcaded to the state issues a succession certificate in a foreign country then the certificate should be stamped following a Court Fees Act 1870 to have the equal effect as a certificate granted in India.
Effects of the succession Certificate are enlisted in Section 381 of the Succession Act
The main justifications of this certificate are to:
Protect all parties paying debts where such payments are made in good faith.
The certificate holder is also entitled to receive interest/dividend on the securities and negotiate or transfer securities as mentioned in the certificate.
Payments made to or by the beneficiary on behalf of the deceased person will be legally valid. However, this does not necessarily signify that the beneficiary is the owner of the securities or the legal heir.
A separate procedure of law determines the legal heir(s).
A court can sometimes require a bond with one or more sureties or any other security deposits for rendering an account of debts and securities by the beneficiary to issue a succession certificate for indemnifying the person who may be entitled to any part of the debt or securities.
