Succession Certificate under Indian Law
Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate (without leaving any Will) leaving debts and securities.
Succession certificate entitles the holder to make payment of debt or transfer securities to the holder of the certificate without having to ascertain the legal heir entitled to it.
This is important for you if you want to establish yourself as the legal heir of a deceased person.
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Procedure for Obtaining Succession Certificate
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
Petition for Certificate
A petition for succession certificate must contain the following particulars:
Time of death of the deceased;
Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;
Details of family or other near relatives;
The rights of the petitioner;
Absence of any impediment to the grant of certificate;
Grant of Certificate
On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.
Restriction on Succession Certificate
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 for indemnifying the persons who may be entitled to any part of the debt or securities.
Validity of Succession Certificate
A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.
It takes approximately 6 months to obtain a Succession Certificate
Please contact us if require any clarification or if you wish to proceed with applying for a Succession Certificate.