Certificate of Succession

A Succession certificate is a certificate granted by the courts of India to the legal heir of a deceased person, who dies without preparing his will to claim his financial assets, investments, mutual funds and various other liabilities including debts (if any).

What is a succession certificate?

When a person dies without writing his will, all his assets, funds and investments, bank accounts everything under his name are transferred to a legal heir. The legal heir to establish his authenticity requires a certificate of succession from the court. This will ensure that the person who now has the complete authority to control the debts and securities is in safe hands.

Who can apply for a succession certificate?

Any beneficiary or legal hire can apply for a succession certificate. As per laws of inheritance, an application is made to the district court or high court mentioning

  • The name of the petitioner
  • letter of administration
  • relationship with the deceased
  • names of all heirs of the deceased
  • Time, date and place of death.
  • Death certificate
  • NoC certificate from all the other legal heir
  • All the debts, securities for which the application for such a certificate is made
  • Rights of the petitioner

Who issues a certificate of succession?

The certificate of succession is issued by the district court where the deceased person resided. If there’s no court available within that jurisdiction, the certificate is provided by the district court, where the property belongs

How to obtain a Certificate of Succession?

Step – 1: Petition

A petition in a prescribed format is made to the district judge of the civil court in the appropriate jurisdiction along with the documents and certificates mentioned above

Step – 2: Court fess

The court levy fixed the percentage of the value of the estate as a court fee for the insurance of the certificate which is paid in the form of judicial stamp papers.

Step – 3: Notice issued by the court

After examining the petition along with other documents, the district court will set out a notice to the concerned parties and also in the newspaper for a certain period( usually one and a half month) within which if anyone has a problem he/she may raise it. After which a hearing is called.

Step – 4: Issue of succession certificate

If no one raises a question or challenges the petitioner, the court after thorough inspection passes an order to issues the certificate of succession. This certificate is received within five to seven months.

While granting a succession certificate, the Judge shall specify the debts and securities mentioned in the application for the certificate, and thereby empower the person to whom the certificate is issued.

  • to receive the benefits in the form of interest or dividends on the securities or
  • to negotiate or transfer the securities or
  • Both to receive interest or to negotiate or to transfer the securities.

What is a difference between Heirship certificate and Succession Certificate?

A legal Heirship certificate is issued to give identity to the living heirs of the person who died, but a succession certificate is issued to establish the authenticity of the heirs while giving them the authority to inherit the debts, securities and other assets that the person may have left behind.

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