Succession certificate
5 years ago
Sir, we are in process of receiving Provident fund as well as gratuity and pay slip of my late husband, but the company is asking for succession certificate. The total amount is less then 5 lakhs and my in-laws have given a written statement that they don't anything from my late husband also there are ready to give a affidavit stating that they don't want this pf as well as gratuity money. Can I provide this affidavit certificate in place of succession certificate to the company for claiming PF, GRATUITY and payslip?. Please suggest, Regards.
A.Dear Sir,
Process for getting succession certificate simplified
in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.
It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.
Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.
Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death
Also a copy of the death certificate is required to be produced.
Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.
Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.
If the petition is not contested, the court usually issues a succession certificate in five to seven months.
Looking at the process, it is always better to write a will or appoint a nominee in all your financial accounts like stocks, saving accounts, fixed deposits or mutual funds etc. The nomination may also be filed with yourproperties ownership.
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Process for getting succession certificate simplified
in case of death of a person without leaving a will, court may grant succession certificate in order to realise securities or debts of the deceased. A civil court issues succession certificate to the legal heirs of a deceased person.
It is required to establish the authenticity of the heirs. Also to authorize them to get assets or securities transferred in their names. Not to forget that assets comes with liabilities as such it also enables inheritance ofdebts. This is issued on the application from the beneficiary, to court as per laws of inheritance. It is necessary, though may not be always sufficient, to release or transfer the assets. For these letter of administration, no-objection certificates and death certificate is also required.
Application: As discussed earlier also, a petition is required to be filed with the competent jurisdiction where the assets are located.
Details: The application requires details like
– name of petitioner
– relationship with deceased
– names of all heirs of the deceased
– time, date and place of death
Also a copy of the death certificate is required to be produced.
Fees: A fixed percentage of the value of the estate is levied as fee for issuance of the certificate by the court. This fee is to be paid in the form of judicial stamp papers of the said amount. Only after this a the certificate is issued. Also, the lawyer will also charging their fees.
Process: The notice in the newspapers for a given period (generally 45 days) is issued by the court. In case where no one contests the petition on or before the expiry of given period, the court sanctions the order for issuance of succession certificate.
If the petition is not contested, the court usually issues a succession certificate in five to seven months.
Looking at the process, it is always better to write a will or appoint a nominee in all your financial accounts like stocks, saving accounts, fixed deposits or mutual funds etc. The nomination may also be filed with yourproperties ownership.
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Helpful
Helpful
Share
Suneel Moudgil
Responded 5 years ago
A.if they agree to provide you the amount of gratuity, PF, etc on the basis of the affidavit, provide them,
else go and file a case for getting succession certificate from the court, it will take around 6-7 months if not contested.
else go and file a case for getting succession certificate from the court, it will take around 6-7 months if not contested.
Helpful
Helpful
Share
Sunil
Responded 5 years ago
A.U have to file a suit for sucession certificate and any person who has any interest in it will file their objection and moreover as u r legally wedded wife .....u have a first right
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.Yes it is necessary to u without it not possible. U should approach to the district court
Helpful
Helpful
Share
Read Related Answers
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Right over mother's ancestral property
Dear Sir,
You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
Transfer of property to wife after demise of husband
Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
Path to reach home
Dear Client,
you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
Property disputes
Dear Client,
Commercial activities in residential areas are impermissible under the law. In the given scenario, serving a legal notice to the owner of the residential house file a mass complaint to...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
