Essential Guide: Where To Apply For Succession Certificates In India
Date : 02 Sep, 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 certificate can be used by the heirs 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 Apply To Obtain A Succession Certificate?
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.
The applicable jurisdiction's district judge issues a succession certificate. A petition must be written and submitted to the appropriate district court to receive a succession certificate.Where the deceased person customarily resided at the time of his death would be the relevant jurisdiction of the district court for submitting a petition for requesting a succession certificate. If no such location is accessible, the appropriate jurisdiction would be where any deceased person's property might be discovered.
State-to-state variations in the specific court and procedure aside, the basic method includes the following steps:
☑️ Writing the Petition:
After paying the proper court fees, the applicant will write a petition, verify it, and sign it before submitting it to the district judge in the relevant jurisdiction.
☑️ Court submission:
The district judge will provide the applicant/petitioner a chance for a preliminary hearing of the petition they submitted, and if the petition is admitted, he will establish a date for the final hearing in that regard and send notice of the hearing to everyone he deems appropriate.
☑️ Grant of Certificate:
The court will assess if the applicant is within his rights to apply for the succession certificate after hearing from all parties involved and will give the succession certificate to him if satisfied.
☑️ Bond submission:
The district judge may also demand that the applicant post a bond with one or more sureties or offer other forms of security in order to cover any potential losses that could result from the improper use of the certificate.
