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ONLINE SUCCESSION CERTIFICATE Services Overview in India

Do you also want to get a Succession Certificate in India to get a share of the debts and securities of the deceased? The importance of a Succession Certificate in India has been discussed in further detail. If you want to get one for yours, do connect with the team of legal experts at Lawtendo. 

Succession Certificate in India

The name of this certificate connotes that it is a Succession Certificate which has to be issued by the Civil Courts in case of the death of a deceased. The importance of a Succession Certificate comes into the picture when the deceased has died intestate i.e. dying without writing a Will. There are various reasons for which a Succession Certificate in India is preferred which is also discussed in the next sections of this article. 

What are the purported benefits of a Succession Certificate in India?

There are various benefits that a Succession Certificate in India provides. The important areas which are dealt with a Succession Certificate are: 

  1. Identifying the Legal Heirs: The most important benefit connected to obtaining a Succession Certificate in India is the identification of the legal heirs in a better and more efficient way. 

  2. Inheritance Rights: With the help of a Succession Certificate the rights of inheritance are granted after identifying the legal heir of the deceased in India. 

  3. Avoidance of disputes: With the help of a Succession Certificate in India after identifying the legal heirs the rights of inheritance of that legal heir are identified thereby resulting in avoidance of the disputes. 

This is how a Succession Certificate in India benefits the legal heirs of the deceased in India. 

Who are the applicants to obtain a Succession Certificate in India?

Even if they possess a legal heir certificate, family members are not obliged to file for a Succession Certificate unless they have the biggest stake in the disputed debt or security of the deceased. The following people may apply for a Succession Certificate in India. These are listed in the following order:

  1. The deceased's legitimate heir
  2. The individual in possession of the Letter of Administration and 
  3. The designated Executor of the Deceased's Estate.  

This enables these individuals to be recognised as qualified applicants by the Indian District Courts when submitting an application for a Succession Certificate. 

Relationship between the Succession Laws in India and a Succession Certificate

The Succession Certificate procedure and all of its related components have beginnings and ends that are designated by the laws of succession. All succession-related events, occurrences, and certifications are predicated on succession rules, regardless of the type of succession—intellectual, legal, or planned. A "Success Certificate" is only accessible to the surviving legal heirs of the dead.

Thus, some of the statutes are the Hindu Succession Act, the Indian Succession Act, and Sharia law. The majority of India's population is religious, hence these are the main requirements that specify how a person might obtain a Succession Certificate in compliance with their specific legal and religious requirements. 

Rights of the Holder of the Succession Certificate in India

The primary rights that come with a Succession Certificate are enumerated in the sections of this article that are highlighted above. To assist you in getting one for yourself, you will require a law specialist in India.

A resident of India who possesses a Succession Certificate is qualified to carry out particular tasks and obligations. The sequence in which they are listed is as follows:

  1. Succession: Purchasing the decedent's possessions and obligations is the main advantage for the bearer of the Succession Certificate. Eventually, the rentals or earnings from the deceased's belongings are given to them. They can then choose to sue the person who offended them. 
  2. Asset Disposal: In addition, an asset's owner is always free to sell, lease, mortgage, or place a lien on it. 

Hence, these are the rights entrusted onto the shoulders of the Succession Certificate holder in India.

Movable Property and a Succession Certificate in India

The most frequent use of succession certificates is to obtain movable property from the deceased, such as securities, bank accounts, mutual funds, fixed deposits, and so on, in situations when the deceased died intestate and left no will. 

Before moving money from the deceased's accounts to the legal heir's account, banks in India always need Succession Certificates as proof of the deceased's passing. This webpage provides more details regarding the specific steps required in India to obtain a Succession Certificate. 

Immovable Property and Succession Certificate in India

Generally, a gift deed or other transfer can be consulted as a guide to determine real estate ownership. A Succession Certificate is necessary if the deceased had no will and the legitimate heir must prove they are entitled to the inheritance.

When someone dies without a will or intestate, a Succession Certificate is necessary. A Will is essentially a legally enforceable document that distributes a deceased person's belongings and names the beneficiaries. The true heir in real estate transactions is typically identified by consulting a gift deed or other transfer documents. 

What is the validity of a Succession Certificate issued in India and overseas?

A Succession Certificate from an Indian government-affiliated organisation that is received outside the nation is just as legitimate as one that is obtained within. The bearer of this Succession Certificate is also entitled to the privileges that Indian Civil Courts are mandated to provide. 

Since national succession legislation governs it, the Succession Certificate is recognised throughout the nation. A person may also be qualified for benefits in Guwahati if they possess a Succession Certificate issued in Faridabad. This is accurate because a Succession Certificate frequently contains the holder's name, securities, obligations, and related rights. 

Implications of Stamp Duty on a Succession Certificate in India

Stamp duty on the issuance of a Succession Certificate in India is often two to three percent of the property's value; however, there isn't a precise way to calculate this amount at the moment. The only factor used to determine the amount of Stamp Duty that must be paid on a Succession Certificate is the debt or security worth of the deceased. 

Obtaining a Succession Certificate in India

To obtain a Succession Certificate in India, the following procedures must be fulfilled: 

  1. Presentation of Application: As stated above, in order to get a Succession Certificate in India, the application and any supporting evidence must be delivered to the district court having jurisdiction over the pertinent geographic or fiscal region.
  2. Notice Issue: The District Judge supervising the legal heir's application notifies the other heirs about the death and extends an invitation to submit a claim regarding the debts and securities. The notice is published in the local newspaper. This is being done to ensure that the legal heir's claim in their petition is true and that granting it won't have a detrimental effect on any other deceased lawful heirs. 
  3. Hearing of the legal heirs: Within 45 days of the news announcement, the District Judge will review any claims submitted by the surviving legal heirs of the deceased person.
  4. Certificate Award: In the event that no other rightful heir brings a lawsuit, the petitioner receives a Succession Certificate from the court. The court's decision-making process will be guided by the values of justice, conscience, and fairness in the event that another rightful heir files a claim. 
  5. Submission of Bond: Upon issuing of the Succession Certificate, the judge directed the holder to execute a bond with one or more sureties. This was done to guarantee that the bond would pay for any losses resulting from certificate misuse. 

Prior to starting the process of acquiring a Succession Certificate in India, it is advisable to speak with a legal expert to make sure everything goes as planned and you don't end up suffering. Furthermore, this is to make it simple for you to obtain the Succession Certificate.

Reasons put forth for rescinding a Succession Certificate in India

The principal causes for a Succession Certificate to be cancelled in India are as follows:

  1. An alternative line of action might be counterproductive for the court cases that resulted in the invalidity or inadequacy of the Succession Certificate.
  2. It has fulfilled the purpose for which the Succession Certificate was intended.
  3. The legal successor got the Succession Certificate via dishonest, fraudulent, or deceptive means.

As a result, the supposed legal successor's Succession Certificate has been revoked by the legitimate legal heir in Kolhapur using these grounds. The procedure to revoke the Succession Certificate in India that has already been issued must be followed by a legitimate legal successor; this procedure is explained below.

The process for cancelling a Succession Certificate in India

The previously awarded or recorded Succession Certificate may be revoked for any of the previously listed reasons, or for any other cause the court deems suitable. A qualified heir who may be entitled to the decedent's property could start the cancellation process. The legal heir in India needs to take the following action in order to cancel the Succession Certificate.

  1. Petition for Revocation: In order to start the revocation procedure of a Succession Certificate in India, you need to formally oppose the Succession Certificate by filing a court petition, citing any of the revocation grounds listed above. 
  2. Judge's opinion: The court considers the petitioner's claims and arguments for their inheritance after carefully assessing the respondent's objection.
  3. Revocation of the Succession Document: After carefully examining the matter, the court will grant the respondent a new Succession Certificate if it determines that the respondent is the original, legal successor of the dead. The court will immediately invalidate the previously issued certificate if it turns out that the petitioner obtained the Succession Certificate through unfair or dishonest means. 

Thus, this is the process of revocation of a Succession Certificate in India. 

The Differentiation between a Legal Heir Certificate and a Succession Certificate in India

Justification for distinction  

Legal Heir Certificate

Succession Certificate

Classification of the property

It is applicable to immovable property

It is applicable to  movable property

Issuance Authority

It is issued by the local authorities

It is issued by the Courts

Steps To Obtain a succession certificate IN INDIA

  • Preparation of the documents

    • You must collect the documents to suggest the asset or debt belonged to the deceased and the death certificate of the deceased, their identity card, ration card of all legal heirs and any other documents as suggested by the lawyer.

  • Drafting of Petition

    • A petition for succession certificate includes details such as the time of death of the deceased, residence or details of properties of the deceased at the time of death, details of family or other near relatives and others. It is best advised to find legal help in order to create the petition, because if anything goes amiss, it may have serious consequences.

  • Submission and Court Visit

    • The petition will be moved in a court of competent jurisdiction and the date of the visit shall be intimated to you by the lawyer.

  • Grant of Certificate

    • After hearing all parties, the Judge shall decide the right of the petitioner to be granted the succession certificate.

how to apply online for succession certificate

Estimate Time Required for ONLINE SUCCESSION CERTIFICATE

The complete procedure of obtaining a Succession Certificate will take 30-45 days depending on the court.

*Any additional work required by the advocate before/after making the petition for succession certificate shall be charged to the client.

Documents Required for Succession Certificate Online In India

To get a Succession Certificate in India, you have to submit to the surviving spouse the following documents as proof of your legal heirship. And that's exactly what they are:

  1. The Identity of the deceased, the place and time of death, and the executor's name.
  2. Wills and,  Letters of Administration, if applicable
  3. The Death Certificate for the deceased
  4. A title declaration or proof of ownership (such as an affidavit) proving the designated successor is the deceased person's original, rightful heir.

As a result, the extensive list of documents needed to apply for an India Succession Certificate is shown below. 

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    FAQ

    A succession certificate is required to realize the debts and securities of an intestate deceased.
    Depending upon the court hearing the petition, the succession certificate can be obtained in approximately 30 to 45 days.
    Yes, 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 in order to indemnify the persons who may be entitled to any part of the debt or securities.
    To procure a succession certificate one needs to file a petition to the district judge of the relevant jurisdiction, i.e., where the deceased person originally resided at the time of death. If there is no such fixed place of the deceased person then the jurisdiction is considered within which any property of the deceased person is found, and the succession certificate is issued.
    In legal terms, probate is not to be confused with a succession certificate because probate is a legal procedure by which the court of the relevant jurisdiction validates a will as the last will of a deceased testator. Probate simply means a copy of a certification from the court of a relevant jurisdiction where the will be transferred to the petitioner or beneficiary of the will. when a competent court issues probate it serves as the conclusive evidence of the legitimacy of the will of the deceased until repealed. No evidence can challenge the document except the revocation of the probate. A probate is usually required when a testator owns the entire property or estate. It happens in cases where there are no co-owners of the property, by the law probate is a mandatory document for a testator’s property which is to be transferred in the names of the beneficiary.

    The application for a succession certificate can be made by a person having a sound mind, not being a minor, and having an interest in the estate of the deceased. The interested applicant can be the widow of the deceased or a person having a beneficial interest in the security and debt of the deceased person. A minor can grant a succession certificate through a guardian related to the deceased. The petition of the succession certificate should contain the following particulars. The application should be made to the relevant district judge under section 372 of the Succession Act.

    1. Time of the deceased’s death.

    2. Details of the properties and residences of the deceased at the time of death within which the jurisdiction falls under.

    3. Details of the family and other near relatives.

    4. A broad detail of the rights of the petitioner and the debts or securities of the deceased person for whom the succession certificate is applied.

    5. Providing no objection certificate of the other heirs.

    6. Absence of any impediment in the grant of the certificate/sec. subsection (1) of section 370 of the act or any other provision of the enactment.

    7. The petitioner must sign the petition to verify it.


     For Movable Properties:

     The successors of the deceased claim a document known as a succession certificate which is issued by the court for the count for claiming movable properties.

    It is applicable in cases of movable assets like bank deposits, FDs, etc.

     If someone dies without leaving a will (intestate) then the civil court grants to release all the securities and debts of the deceased person. It gives authority to the heirs to establish legitimacy to deposit or transfer the assets of the deceased. Here the laws of inheritance get applied to the beneficiary who fills the applications of succession in a court of the relevant jurisdiction.

     Step-1:  Any beneficiary has to file a petition of succession certificate in the relevant jurisdiction that is the dead person decided this is done to inherit or transfer the assets of the deceased.

     Step-2:  The succession certificate establishes the authenticity of the beneficiary and gives him the authority to inherit or transfer the assets of the deceased, he also carries the full respectability and liability or honoring any debt or security received as in succession certificate

     Step-3:  For all the application made by the petitioner in the relevant jurisdiction is applicable as per the law of inheritance

     For Immovable Properties:

     The ownership of legal heirs can be taken by them, through a system of the process of transfer based on the factum of the will of the deceased person or law of natural succession where inheritors are class 1 legal heirs.

    Through a gift, deed transfer can take place when the person is alive too. In another case, a person can claim his right through a partition.
    A succession certificate extends its validity throughout India. If an Indian representation arcaded to the state issues a succession certificate in a foreign country then the certificate should be stamped following a Court Fees Act 1870 to have the equal effect as a certificate granted in India.

    Effects of the succession Certificate are enlisted in Section 381 of the Succession Act

    The main justifications of this certificate are to:

    1. Protect all parties paying debts where such payments are made in good faith.

    2. The certificate holder is also entitled to receive interest/dividend on the securities and negotiate or transfer securities as mentioned in the certificate.

    3. Payments made to or by the beneficiary on behalf of the deceased person will be legally valid. However, this does not necessarily signify that the beneficiary is the owner of the securities or the legal heir.

    4. A separate procedure of law determines the legal heir(s).
    A court can sometimes require a bond with one or more sureties or any other security deposits for rendering an account of debts and securities by the beneficiary to issue a succession certificate for indemnifying the person who may be entitled to any part of the debt or securities.

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