According to the Indian Succession Act of 1925, a Succession certificate is a legal document that a court issues to a deceased person’s legitimate heirs. who passed away intestate. In the absence of a will, a succession certificate will serve as the main legal instrument through which the heirs can assert their right to the “movable assets” of a deceased person.
This document gives the successor the right to sell the deceased person’s debts and assets. Because it does not establish the right, title, and interest of the deceased person to a specific property or to the entire property, the issuance of a succession certificate does not confer the right of succession to the claimed property of a deceased person. However, the property of an intestate decedent may be inherited by the decedent’s successor(s).
WHICH LAW GOVERN SUCCESSION CERTIFICATE
All succession certificate liberties and legal requirements in India are generally controlled by the
- Indian succession act 1925
- Hindu succession act 1956
- Sections 371 and 372 of the Indian Succession Act of 1925 cover applications for the certificate. Section 373 addresses the application process, section 374 deals with the contents of the certificate, and section 379 deals with the method of collecting court fees on certificates.
WHAT STEPS SHOULD BE TAKEN WHEN THERE IS A WILL? When there is a will –
When a will exists –
- Succession certificate won’t be legitimate.
- The executor must have the will admitted to probate in the district court.
WHO CAN SUBMIT A SUCCESSION CERTIFICATE APPLICATION?
Only actual legal heirs of the deceased person can apply for the succession certificate. For instance- son/daughter/wife/husband/parents. The deceased next direct legal heirs can apply. this succession certificate can be used to claim ownership of the deceased person’s assets. Ex- bank accounts, securities, LIC polices, shares, provident funds, debentures, bank lockers, bonds, mutual funds and so on.
How do I get a succession certificate?
To get a succession certificate, submit a petition to the district judge whose district the deceased person habitually resided at the time of death, or, if they did not have a fixed address at that time, to the district judge whose district any of the deceased person’s property may be found. Petition for certificate
A petition for succession certificate required the following particulars:
Step 1: preparation of appeal
After paying the necessary judicial fees, the petitioner will draught, verify, and sign a petition before submitting it to the district court in the applicable jurisdiction.
Step 2: submission to court
The district judge will give a chance for the initial hearing of the petition filed by the petitioner and if the petition is accepted. he shall fix a day for the final hearing in respect of the same and also send notice of the hearing to everyone he deems appropriate.
Step 3: grant of certificate
When a petition is filed, the District Judge may, if satisfied with the petition’s justification, provide a hearing opportunity to anyone who deserves to be heard. The judge can decide whether the petitioner has the right to be awarded the succession certificate after hearing from all parties. The Judge would then issue a certificate authorising the holder to negotiate, transfer, receive interest, or do both, and detailing the debts and securities included in the application.
Step 4 : submission of bond
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.
Particulars of the petition for succession certificate
The petitioner must sign and verify the petition for the succession certificate submitted to the district judge, which must also contain the information listed below:
- The deceased person’s death date.
- The deceased’s usual residence at the time of death; and, if it is not possible to locate the usual residence, information about the property that is under the purview of the district judge to whom such an application is filed.
- The deceased’s family or other close relatives and their respective homes.
- Defining the petitioner’s rights (applicant).
- the lack of any grounds to invalidate the certificate’s issuance.
- The obligations and securities for which the application for such
Validity of Succession Certificate
In all of India, a succession certificate is valid. To have the same effect in India as a certificate issued in India, a certificate issued in a foreign country by an Indian representation accredited to that State must be stamped in conformity with the Court Fees Act 1870.
Revocation of the Succession Certificate
A certificate that has been issued may be revoked for any of the reasons listed in Section 383 of the aforementioned Act:
- The certificate-obtaining procedure was flawed.
- Certificate was acquired illegally.
- Due to circumstances, a certificate loses its value and effectiveness.
- It is appropriate for the certificate to be cancelled in accordance with a decree or decision from another competent court addressing the obligations and securities of the same deceased individual.
- A person may appeal a District Judge’s decision to the relevant High Court over the grant, refusal, or revocation of a certificate.
A Succession Certificate is a legal document that the court issues to allow the heirs of the deceased to claim any movable property. It is important, and while creating and putting them into action, appropriate guidance should be sought.
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