Can A Succession Certificate Be Challenged?

Date : 04 Sep, 2023

Post By admin

Under the Indian Succession Act, a succession certificate is a document that authorizes the person who acquires it to represent the deceased in collecting debts and securities owed to him or payable in his name. Typically, a succession certificate is issued. In the absence of a will, a succession certificate will serve as the primary document. A succession certificate should be obtained by petitioning a magistrate or a high court. In most cases, the court has a separate cell that issues succession certificates.
A succession certificate is often necessary when a person dies and leaves behind specific assets, properties, debts, or securities, and the legal heirs or beneficiaries must show their entitlement to such assets. It is a court-issued legal document that certifies the genuine heirs and beneficiaries of a deceased person's inheritance. The heirs can use the certificate to collect and transfer assets, settle debts, and conduct other related operations.
A succession certificate is governed under the Indian Succession Act, of 1925 in India. It is required when a person dies without leaving a valid will and his or her legal heirs need to show their entitlement to the deceased person's assets, which include bank accounts, securities, debts, and other movable property.

How To Obtain A Succession Certificate?

Application Process

In India, applying for a succession certificate normally entails a number of stages. Please be aware that the procedure might change significantly based on the state and unique circumstances, however the following is a broad overview:

☑️ Check your status as a legitimate heir.
☑️ Assemble the necessary paperwork, including the death certificate.
☑️ Create an application, and submit it to the district civil court.
☑️ Notify any interested parties and lawful heirs.
☑️ Attend court proceedings and offer testimony.
☑️ Await the judge's ruling.
☑️ Obtain the succession certificate if authorized.
☑️ Notify the appropriate parties and transfer assets as necessary.

Necessary Documents:

☑️ A self-undertaking affidavit.
☑️ Verification of the applicant's identity is necessary.
☑️ Address confirmation for each legitimate heir Birthdate confirmation for each legitimate heir.
☑️ A reproduction of the deceased's death certificate.
☑️ Death certificate for the deceased direct legal heir.
☑️ Evidence of the deceased's home address.

Can A Succession Certificate Be Challenged?

The succession certificate can only be contested after submitting a court application. The courts send notices to all rightful heirs and immediate family members inviting them to submit their objections. The court will send notices to all of the relatives and legal heirs of the dead after the application for a succession certificate has been filed, asking whether anyone has any objections to the applicant being granted the succession certificate.
There are different grounds for challenging a certificate, here are some of those situations:-

☑️ Fraud or misrepresentation: The succession certificate may be contested in court if it can be demonstrated that it was obtained by fraud or misrepresentation. For instance, it may be possible to contest the certificate if the court was given misleading information in order to get it.
☑️ Dispute over Legal Heirs: A challenge to the succession certificate may result from a disagreement among family members or other claimants regarding the deceased's legal heirs. If it is felt that the incorrect people received the certificate, it may be contested.
☑️ Forgery: The validity of the succession certificate and any associated documents might be contested in court if it is determined that they were forged.
☑️ Procedure Errors: Any abnormalities or mistakes made during the issuance of the succession certificate may give rise to a legal challenge.

Validity Of A Succession Certificate:

In India, a succession certificate is accepted. But let's say it was issued abroad by an authorized Indian representative. For it to have the same effect as a certificate issued in India, it must be marked in conformity with the Court Fees Act 1870. Depending on the relevant statutes, such as the Hindu Succession Act, Indian Succession Act, or community acts, the laws governing the inheritance of movable and immovable property in India differ.

Conclusion:

In India, one would normally need to submit a lawsuit in the proper court and offer proof of their claim in order to contest a succession certificate. To comprehend the particular legal requirements and steps for contesting a succession certificate in your jurisdiction, speaking with an experienced attorney who focuses on succession and inheritance issues is important. The procedure may change depending on the state and court where the certificate was issued.