Navigating Timelines: Obtaining A Succession Certificate In India

how much time it takes to get succession certificate

Date : 26 Aug, 2023

Post By admin

A succession certificate is a document that, in accordance with the Indian Succession Act, entitles the holder to act on behalf of the decedent in pursuing debts and securities that are due to him or payable in his name. A succession certificate is typically given out. A succession certificate will be the main document in the absence of a will. A magistrate or high court should be contacted to request a succession certificate. The court typically issues succession certificates through a separate cell.
When a person passes away leaving behind particular assets, properties, debts, or securities and the legal heirs or beneficiaries need to prove their claim to those things, a succession certificate is frequently required. It is a court-issued legal document that attests to the legitimacy of the inheriting heirs and beneficiaries. The heirs can use the certificate to gather and transfer property, pay off debts, and carry out other associated tasks.
In the absence of a will, it is a crucial document that lists the deceased's obligations, securities, and assets. The succession certificate gives the certificate holder authority over the decedent's property, including their pension, mutual funds, and insurance, among other things. The Indian Succession Act, of 1925 specifies that the heir shall also be entitled to any outstanding obligations or loans.

Who Can Submit An Application For The Certificate?

According to the Indian Succession Act of 1925, the following individuals are qualified to request a succession certificate:
The executor of the decedent's will, if there is one, is chosen by the decedent's legal heirs.
In the absence of a will, the deceased person's estate executor.
☑️ The decedent's spouse, children, parents, and siblings are regarded as the decedent's legal heirs.
☑️ If the decedent had a will, the executor is responsible for obtaining the succession certificate. If the deceased did not leave a will, the executor of the estate's responsibility is to get the succession certificate.

Who Can Issue The Certificate?

A succession certificate is issued by the district court for the area where the deceased person resided. The area where any deceased person's property might be found in the absence of such a location.

Where Can One File The Petition For The Same?

Section 371 of the Indian Succession Act states that the petition for a succession certificate may be filed before the district court with jurisdiction over the dead. If no permanent residency has been established, the petition can be submitted to the district court in the area where any dead property is found.

Application Process

The district judge should receive an affidavit from the deceased person's rightful heir, petitioning for their right to the assets. The petition must include particulars like:
☑️ An additional death certificate.
☑️ Names, residences, and jobs of petitioners.
☑️ No objection certification from the other legitimate heirs.
☑️ The obligations and assets for which the certificate is requested.

How Much Time Does It Take To Obtain The Succession Certificate?

In most cases, the court issues succession certificates after 45 days or more. However, the time limit may be extended if complaints are received after the publishing. The petitioner is entitled to distribute the assets among the rightful heirs in accordance with the succession rules after getting the succession certificate.

Conclusion

In conclusion, the time it takes to obtain a succession certificate in India can vary and is based on the complexity of the case, the effectiveness of the legal system, and the workload of the court. An application must be submitted, objections must be addressed, and verification must be completed in this legal procedure. Although the precise period can vary from a few months to more than a year, it is crucial to consult legal professionals for precise estimations catered to specific facts. To effectively navigate the process of getting a succession certificate, it is essential to be informed about the most recent procedures and requirements as legal proceedings can change over time.