Succession Certificate Format - India

 A succession certificate is a legal document that is required when a person does not leave a will behind for their estate when they pass away. In this case, the person who has it is granted the authority to collect debts and securities on behalf of the owner. As the name suggests, a succession certificate is a document that specifies how the deceased’s property will be distributed after his or her death. As we all know, a succession certificate has a major difference from a legal heir certificate in terms of its purpose and operation. 

In the absence of a will, a succession certificate is generally used to transfer or inherit all the property of the deceased person's estate in the absence of a will. There are times when a person dies without leaving a will, but the court may be able to issue a succession certificate so that the deceased's debts and securities may be recovered. There is a requirement for it in order to validate the legitimacy of the heirs and to give them the power to transfer securities and other assets as well as to inherit debts into their names. Upon the passing of someone whose legal heirs have not been determined yet, a civil court will issue them a succession certificate.



Do You Need a Succession Certificate? 

It is generally understood that a succession certificate of ownership is used to transfer or inherit all of the personal belongings of the deceased person if there is no will. Various property laws in the country require succession certificates when a person inherits the movable or immovable property. Because of this, a succession certificate is necessary.  Hindu Succession Act is a law that provides a solution to the majority of these difficulties. Some are covered by communal legislation or the Indian Succession Act, whereas others are not.

What is the eligibility for a Succession Certificate?

A succession certificate can only be obtained by legal heirs. Succession certificates can be obtained by a decedent's next direct legal heir, such as the deceased's wife, spouse, son, daughter, or mother.

Can anyone issue a succession certificate?

There is a succession certificate, which is issued by the District Judge from the appropriate jurisdiction in which the deceased individual resided at the time of his or her death. Suppose the authorities are unable to discover such a site because they are not aware of it. The current jurisdiction is then transferred to the location where it is believed that the assets of the deceased individual may be found, in that case.

Under the Indian Succession Act, Section 371 of the Indian Succession Act, the petition for the issuance of a succession certificate for the deceased can be filed before the District Court in the jurisdiction of the deceased. The petition can be filed at the district court of the location where any of the deceased person's property is discovered if there is no established address for the deceased person.

How Do I Get a Succession Certificate?

As a part of the legal process for obtaining a succession certificate, the following steps need to be followed:

The first step in the process is to collect all the documents

Payment is made to the court as part of step two

The petition is then sent to the court for consideration

The fourth step involves the publication of a notice in the local newspaper

In the fifth step, the certificate will be granted.

What Documents Are Required to File a Succession Certificate Petition?

A succession certificate application requires the following documents:

  • Anatomy

  • A ration card is a form of payment

  • Card of identification

  • Form for submitting an application

  • (The deceased's proof of residency in the area where they died)

Fees for Succession Certificates

In order to determine the cost of succession certificates, the asset value in the case must be taken into consideration. As part of the court's process in granting the succession certificate, the court will charge a court fee as specified by a percentage of the value of the securities or movable property in order to issue the certificate. This court fee has to be paid at the time when the court grants the succession certificate.

Succession Certificates Can Be Challenged?

Depending on the circumstances, it may be possible to cancel a succession certificate.

  • The process which led to the issuance of the certificate was deficient in substance

  • It is believed that the certificate was obtained illegally in a fraudulent manner or concealed from the court in some way

  • Apparently, the certificate was obtained through the misrepresentation of a fact which was important to the grant of the certificate in order to obtain it

  • As a result of the circumstances outlined above, the certificate has become ineffective and useless

  • If a decree or order is entered by a competent court regarding effects encompassed in the certificate which comprise debts or securities which are specified in the certificate, then it is proper that the certificate be revoked pursuant to the decree or order.

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