Obtain a Succession Certificate in Kolkata

Introduction

If you also want to obtain a Succession Certificate in Kolkata but don’t know about the procedure and the documents then you need not worry about it. The best team of lawyers at Lawtendo in Kolkata will navigate the whole process of obtaining a Succession Certificate. 

Succession Certificate in Kolkata

A Succession Certificate is a document that is issued by the civil courts exercising jurisdiction over the area where the deceased last resided. A succession certificate gives the authority to the holder to receive the debts and securities under the name of the deceased or be liable for the debts and obligations due to the deceased in the case where the deceased has died intestate. 

Succession Certificate and Succession Laws

As the name of the certificate implies it is a succession certificate that is obtained by a legal heir of the deceased. Therefore, the Indian Succession Act, Hindu Succession Act, Sharia Law, etc. These are the major laws that govern the issuance and procedure with which a succession certificate is to be issued to an individual based upon their religious beliefs and personal laws. 

What is the purpose of a Succession Certificate in Kolkata? 

A Succession certificate solves a handful of purposes. Some of them are as: 

1. Identifying Legal Heirs: A Succession certificate allows identification of the legal heirs of the deceased as a succession certificate is required generally in the circumstances where the deceased has died intestate. 
2. Inheritance Rights: After the identification of the legal heirs of the deceased a succession certificate allows the legal heirs to inherit the property of the deceased in a proper manner. 
3. Avoidance of Disputes: A succession certificate lays down the foundation of the rights of inheritance amongst the legal heirs and hence this is how it contributes to resolving or even preventing any disputes that might arise as a result of the deceased dies intestate. 

What is the role of a Succession Certificate in the Financial Transactions in Kolkata?

A succession certificate plays a major role when it comes to the question of banking or financial transactions in Kolkata as it acts for two major concrete pillars:

1. Establishing the identity of the legal heir: The most important purpose that is solved by a succession certificate is to help establish the identity of the legal heir and confirm that they will be entitled to the property of the deceased. 
2. Processing the funds: After identifying the correct legal heir financial institutions have legal proof in the form of a succession certificate that the deceased is no more and the holder of this certificate is the actual legal heir of the deceased and hence will be entitled to get the deceased share of the investments, funds or securities. 

What are the documents required to obtain a Succession Certificate in Kolkata? 

The documents that are required to obtain a succession certificate in Kolkata are: 

1. The death certificate of the deceased 
2. Time and place of their death 
3. Name and relationship of the legal heirs 
4. A copy of Will or Letters of Administration (if any) 
5. Affidavit stating that the person applying for the succession certificate is the legal heir of the deceased. 

So, these are the documents that an applicant must carry with them for presenting an application to the civil court for applying for a succession certificate in Kolkata. 

Who can be an eligible applicant for applying for a Succession Certificate in Kolkata? 

Unlike a legal heir certificate, the applicant for a succession certificate is not required to be direct kin but he/she should be the person who should possess the most interest in that contested debt or security of the deceased. The eligible applicants for a succession certificate in Kolkata are:

1. The legal heir of the deceased
2. The person who has been appointed as an executor and 
3. The person who has been granted Letters of Administration. 

Therefore, these are the eligible persons who can be an applicant for a succession certificate in Kolkata. 

What are the rights enjoyed by the holder of a Succession Certificate in Kolkata? 

1. Inheritance- The most important right that has been enjoyed by the holder of the succession certificate is that they become the owner of the debts and securities of the deceased. They take the rents or profits accruing to the assets of the deceased over a period of time. Also, at the same time, they also get the right to sue anyone who interferes with their rights. 
2. Disposal of the Assets: The second right that has been enjoyed by the holder of a Succession Certificate is that they may sell, lien, lease, or mortgage the assets at their fancy whims. 

Succession Certificates and Immovable Property

A succession certificate is required in cases where the deceased has died intestate and has left no will. In simple words, a Will is a document that explains the manner of the devolution of the assets of the deceased and the name of the person who will be the possession of the property of the deceased. 

Generally, in the cases of immovable property, a gift deed or transfer acts as a guiding light regarding the legal heirs. But at times when the deceased has left with no Will and the legal heir has to establish their rights of ownership a succession certificate is required. It is because the right to collect rent, any payment, or dues is determined by a succession certificate therefore, the application for immovable property is required to be filed at the place where the property is situated. 

Succession Certificates and Movable Property

Succession Certificates are most commonly used for taking the inheritance of the deceased movable property; it can be securities, bank balance, fixed deposits, mutual funds, etc. Banks always require proof of the death of the deceased in the form of succession certificates. 

What is the process of obtaining a Succession Certificate in Kolkata? 

The process of obtaining a succession certificate in Kolkata is lengthy, time-consuming, and hard. Therefore, you will require expert guidance to get one for yourself. Don’t worry we are here to guide you through the procedure. 

1. Filing the Petition: The first step in the procedure of obtaining a succession certificate in Kolkata is to file the petition along with all the required documents (as discussed before) in the district court which exercises jurisdiction whether territorial or pecuniary over the area. Either the jurisdiction will be treated as the place where the deceased last resided or if it is not possible to clear then the jurisdiction where the assets of the deceased lie will be treated as the area where the civil court exercises jurisdiction.
2. Issuance of the Notice: After the submission of the petition for issuing a succession certificate the District Judge who is dealing with the application of the legal heir issues a notice in the local newspaper of Kolkata to bring any claims by any other legal heirs of the deceased on the debts and securities. This is done for two reasons firstly to check that the claim made by the legal heir in their petition is actual and no other legal heirs of the deceased are getting affected by such issuance. 
3. Hearing of the parties: After issuing the notice in the newspaper the District Judge waits for 45 days to take notice of any claims made by any other legal heirs of the deceased. 
4. Grant of the certificate: If no claim is made by any other legal heir the judge issues a succession certificate in favor of the petitioner. If any claim is made by another legal heir then the judge will decide the case upon the principles of justice, equity, and good conscience. 
5. Bond Submission: After the issuance of the succession certificate the judge made the holder of the succession certificate sign a bond with one or more sureties to make sure that if any losses are to be suffered by the improper use of the certificate such will be covered by the bond itself. 

The powers of the court in the issuance of a Succession Certificate in Kolkata are very vast and even a separate court is established for such purposes so that the claims of the legal heirs never go unnoticed. 

What is the Validity of the Succession Certificate? 

As the Succession Certificate is governed by the succession laws of the country hence its validity runs all around the nation. A Succession Certificate issued in Kolkata can also be made applicable in Uttarakhand. This is because a Succession certificate always bears the name of the holder, and the debts and securities and their associated functions to which the holder is entitled. 

What is the Validity of the Succession Certificate granted outside India? 

If the succession certificate is granted outside India by a body that is governed or controlled by the Indian Government then in such an instance the validity of an overseas certificate is the same as that of a certificate issued in India. 

How much Stamp Duty is payable for issuing a Succession Certificate in Kolkata? 

A succession certificate is valid all over India. However, there are different Stampy Duty in the form of court fees paid to the court. Usually, it runs around 2-3% of the value of the property but there is still no straighjacket formula to calculate the stamp duty implications on issuing a succession certificate in Kolkata. 

What are the reasons why a Succession Certificate can be revoked in Kolkata?

There are some major reasons why a Succession Certificate can be revoked in Kolkata these are:

1. The Succession Certificate was obtained by fraudulent, deceived, or false means by the legal heir. 
2. The court proceedings that granted the succession certificate are vitiated by any other means it could be defective or incomplete
3. The purpose for which the succession certificate was granted is accomplished.

Therefore, these are the reasons for which the actually granted succession certificate was revoked in Kolkata

What is the procedure to initiate the revocation process in Kolkata?

The steps for invoking the revocation process of a succession certificate in Kolkata are:

1. Filing the Objection: The first step in initiating the process of revocation in Kolkata is to file the objection regarding the succession certificate in the court that issued the certificate.
2. Perusal by court: After carefully perusing the objection filed by the respondent the court weighs the objections in the light of the claims and reasons put forth by the petitioner regarding their claim of being a legal heir.
3. Cancellation of the Succession Certificate: After carefully perusing the application if the court is satisfied that the petitioner has falsely misled the court or obtained the certificate by any fraudulent or false means the court revoke the already granted succession certificate then and there and will issue a new succession certificate to the respondent if it finds that they are the original legal heirs of the deceased. 

This is how the process of revocation of a succession certificate in Kolkata works out. 

What is the key difference between a Legal Heir Certificate and a Succession Certificate in Kolkata?

FAQS

1. Why is a Succession Certificate essential in Kolkata?

A Succession Certificate is essential in Kolkata to manage the property of the deceased and to take upon their debt and securities when the deceased dies intestate.

2. How much time do courts take to issue a Succession Certificate in Kolkata?

Courts usually take around 45 days to issue a succession certificate in Kolkata.

3. What is the total cost of getting a succession certificate in Kolkata?

The fees for issuing a Succession Certificate by the Court are based upon the principles enumerated under the Court Fees Act, 1870, hence running around 2-3% of the value of the property of the deceased.

4. What happens if some debts or securities are missed by the Court to mention it under the Succession Certificate?

In such a scenario, the holder can move to the court asking for amendment or extension to the Succession Certificate.

5. Can the application for the Succession Certificate be made online in Kolkata?

Yes, absolutely it can be made online with the help of legal experts.

6. Which authority issues a Succession Certificate?

It is issued by the District Judge of the Civil Court exercising jurisdiction over the area.

7. What are the documents required to apply for a Succession Certificate in Kolkata?

The required documents are the death certificate of the deceased, their address, and identity proof of the legal heirs, etc.

8. How do Civil Courts deal with more than one application for a Succession Certificate in Kolkata?

In such a case, the court grants a Shared Succession Certificate to all the legal heirs after careful examination of their rights.