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HOW TO OBTAIN A SUCCESSION CERTIFICATE

SUCCESSION CERTIFICATEIn this blog I shall be discussing the detailed procedure by following which one can obtain a Succession Certificate. My blog shall contain the following contents in chronological order. 1.   What is a Succession Certificate?2.   Who may obtain a Succession Certificate?3.   What is the procedure for obtaining Succession Certificate?4.   Particulars which must be included in the petition for a Succession Certificate5.   Miscellaneous Topics WHAT IS A SUCCESSION CERTIFICATE?A Succession Certificate is a written document which is given to the legal heir/heirs of a person who at that point of time is no more alive [In other words – Deceased] without creating or making any will, [in other words – Intestate]. This certificate is issued by a District Judge so as to let the successors inherit all the debts and securities of the person against whom the applicant wants a succession certificate [In this case – The Deceased]. WHO MAY OBTAIN A SUCCESSION CERTIFICATE?Generally, the class I legal heirs of the deceased person can apply for the grant of succession certificate. WHAT IS THE PROCEDURE FOR OBTAINING A SUCCESSION CERTIFICATE?The legal process to be followed to obtain a succession certificate are mentioned below and should be followed in a chronological order as mentioned. They are: -1.     The person who wants the certificate must prepare a petition, verify and sign it and thereafter submit it to the court of the District judge of the appropriate jurisdiction after paying the proper court fee. [The court fee on the petition is Rs. 125/-]2.     After this the District Judge is required to inspect the application made by the applicant and decide whether such application is admissible or not. 3.     If the District Judge find the application fit and admissible, the judge shall thereafter fix a date for the hearing of the above-mentioned petition and also send notice of this hearing to all those people which he thinks necessary. 4.     After the hearing, if the judge is satisfied that the applicant has his right to apply for such succession certificate, he shall thereafter grant the certificate. [A fee is levied on the property value of the deceased, the maximum cap of which is RS. 50,000/-]5.      The district judge shall also require the person making such application to provide a bond with either one or more sureties or any other security to make good any possible loss which might arise out of the use or misuse of such certificate.PARTICULARS WHICH MUST BE INCLUDED IN THE PETITION OF A SUCCESSION CERTIFICATEThe following particulars must be included in the petition of the Succession Certificate. They are: -The proper and accurate time of the death of the deceased person in question.The ordinary place of residence of the deceased person at such time of death. If such ordinary place of residence is not available, then, details of the property which are within the local jurisdiction of the district judge to whom such application is made.The details of the family members and/or other near relatives of the deceased person and their respective residence address in full.The rights of the petitioner as is sought for. The absence of any reason to invalidate the grant of the certificateThe debts and securities in respect of which the application is madeMISCELLANEOUS TOPICS1.     The court may extend the Succession Certificate to the property which is later found out to be belonging to the deceased which was not known to the applicant who had previously applied for the grant of such succession certificate and had no clue about such the existence or non-existence of such property which had been later brought into light and known to the applicant. 2.     Once a Succession Certificate is granted by the District Judge, then it is valid all across India and needs not to be renewed. However, if the same is granted in a foreign land by an Indian Representative of that State, then it must be properly stamped in compliance with the Court Fees Act, 1870 to have the same value. 3.     It takes roughly around 7 to 8 months for the grant of Succession Certificate by the court [Provided it is not contested]. However, if the same is contested it may take a longer period of time. 4.     The grant of this certificate does not make the holder the actual owner of the property of the deceased but it merely gives nominee rights to the person, I.E. The holder of this certificate shall have the power to distribute the assets of the deceased person in question. 5.     No Succession Certificate is granted in cases where                               I.           A probate or LOA [Letter of Administration] is necessary     OR                             II.           Where there is a valid will.  

Posted By

Shreyash Mohta

1 day ago

HOW AN INDIAN CAN IMMIGRATE TO OTHER COUNTRIES

HOW AN INDIAN CAN IMMIGRATE TO OTHER COUNTRIESThe International movement of people into a country of which they are not natives and do not possess citizenship is called Immigration.In this blog I shall discuss the process of how an Indian can immigrate to other countries.INTRODUCTIONAfter globalization, large number of people started migrating to other countries for better economic, political and social stability. Basically, immigration means movement of people from one country to another for long term settlement. Nevertheless, the main challenge for the migrants is to take on citizenship of the host country and to acquire the fundamental rights of that particular country.In case you are thinking of moving to a different country, you must consider the following:·      What it means to live abroad·      The best and easiest countries to immigrate to·      General procedures and guidelines for moving abroad·      Common consideration and restrictions for prospective immigrants·      Pros and Cons of living abroad for long term or permanent basis.ENTRY/RESIDENT VISASA Visa is basically a government issued document that permits the foreign national bearer to remain in the issuing country for a particular purpose and for a particular period. Visas has different purpose such as leisure tourism, medical travel, medical/journalism, cultural exchange, entrepreneurship/investment, employment and many more. The type of Visa required shows the bearer’s purpose. Likewise a student studying abroad needs a student visa or a person seeking employment needs a worker visa. Similarly the expiration period of a Visa depends on its purpose. Tourism visas typically expires after a month whereas a student Visa remains in force for several months and workers visa can last for several years.PERMANENT RESIDENT STATUSPermanent resident status is typically denoted by a particular identification card and is given to individuals who are authorized to live and work indefinitely within the issuing country. For qualifying for permanent residency an individual needs to have a clean criminal record; continuous residence record for a year at least. Moreover, some of the immigrant classes can sometimes ignore this requirement or a demonstrated means of support. You might also go through language or culture exam. Though permanent resident cards have fixed expiration dates, it is not automatically lost at expiration. In case you leave and later re-enter the country as a permanent resident, you need to acquire special re- entry documents.Permanent residents are not considered as citizens and thus they do not receive passports and cannot frequently vote or hold public offices and can also be barred from certain public sector jobs which require high security clearances. CITIZENSHIPAfter you have been residing as a permanent resident for several years you get an option to apply for citizenship. Citizenship enables you to get most or all of the benefits and rights which are given to natural born citizens. They also get entitled to passports that allow them to enter and exit the country at will.It generally include the followings:·      Passing a language exam·      Passing a test of political, historical, and cultural knowledge·      Holding a valid visa or residency permit at the time of application·      Having a clean criminal record·      Taking an oath of citizenship ·      Renouncing prior citizenship, unless your adopted country recognizes dual citizenship for naturalized citizenship.POLITICALLY STABLE COUNTRIES- IMMIGRATION POLICIES AND PROCEDURESNational immigration policies are subject to frequent changes and are highly complex and thus vary widely from country to country. However, there are number of countries which are politically stable and have developed reputation for consistently liberal and straightforward immigration policies.Following countries with all rituals and traditions welcome immigrants in large numbers, defines clear and straightforward rules and expectations for immigrants who wants to live and work there on a long term or permanent basis, and thus makes it easy and possible for non-native-born individuals to become a citizen.1.    Canada2.    Australia3.    New Zealand4.    Singapore5.    Brazil6.    GermanyREQUIREMENTS AND CONSIDERATIONS FOR PROSPECTIVE IMMIGRANTS1.    Predominant/Official LanguageIn immigrant friendly countries like Canada and Australia, English is considered to be the official or dominant language. In countries like that of Singapore, English is spoken widely enough and thus it is not necessary to become fluent in other local languages. But for countries like Brazil and Argentina where many locals cannot communicate in English it is necessary to learn the local language.2.    Local Politics and PolicyPolitics and policy vary widely in every country whether in democratic or economically liberal countries. These factors adversely affects the cost and availability of critical services like healthcare, state benefits and education. These factors are specifically important for members of particular classes or groups whose unions are not legally identified in their adopted countries.3.    ReligionNot every country protects its own religious expression in expansive fashion forbid the government from preferring one religion over another. In case you are a religious person and you have planned to move to a country where your religion in not in practice then in that case do some research to find out whether you will be allowed for citizenship or permanent residence. Alternatively, be prepared for the life changes that you might find unacceptable.4.    Customs and LawsIt is necessary to review and familiarize oneself with the laws of any country to which you have made up your mind to move in. You need to pay special attention to legal practices and spend time in learning local customs.5.    Crime and SafetyDespite you follow the laws of the adopted country, you cannot rely on your fellow compatriots to do the same. Thus the local crime rate is an important consideration. You need to pay special attention to violent crimes and property crime. 6.    Cost of livingThis is one of the most important consideration before moving to another country and especially when you plan to live on a tight personal budget.  GENERAL PROCEDURES AND COSTS FOR MOVING TO ANOTHER COUNTRY 1)    RESEARCH POTENTIAL DESTINATIONSThe foremost thing before moving to any other country is going through serious research by using credible resources to find out a handful of possible destinations. You need to make yourself familiar with every destination’s culture, economy, history and politics. If possible do visit the places shortlisted for a week or as long as you can afford. Try staying in a residential neighborhood instead of tourist area to get a sense of the place’s day to day rhythms.2)    TALK TO AMERICAN INDIVIDUALS AND ORGANIZATIONS ABROADIt is advised to get in contact with the American expats who are currently residing in your preferred destination to get a hint of what life is like outside. In case you do not have personal network who have lived outside to your preferred destination, you can go for expats online.3)    LOOK FOR A JOB OR OTHER OCCUPATIONYou need to start looking for work, or building out your business plan or applying to universities as early as possible. Provided that your present employer is not willing to sponsor you, then in that case you can contact an International recruiter. There are many international recruiters who do not charge job seekers for placement but rely on fees paid by client employers. 4)    ADDRESS KEY LOGISTICAL ISSUESAfter selecting your destination country, you need to start addressing major logistical issues related to the move:·      Exiting U.S. Housing- You need to settle into new accommodation with minimal disruption·      Finding Foreign Housing- There are various options and thus you need to spend time researching rental options or month to month lease options prior to your move.·      Moving Possessions- It is not at all easy to move bulky items overseas and thus can be a costly hassle. Therefore, it is advised to sell most of the items and save only those items which have some sentimental value. Nevertheless, you can purchase replacements after you arrive at your destination.5)    APPLY FOR THE APPROPRIATE ENTRY CREDENTIALAs discussed earlier, you need to apply for visa which permits you to stay on a temporary basis depending on the type of visa you have. Also, you need to pay attention to any special requirements which can affect your eligibility for a specific visa.6)    REMAIN IN COMPLIANCE WITH ENTRY CREDENTIAL REQUIREMENTS AND LOCAL/U.S. LAWSIf you want to live in your adopted country on a long term or permanent basis, then for that you need to renew your visa or apply for a new one at multiple junctures. Many times it may happen that you will have to leave your adopted country and return after securing approval. To get rid of these you can apply for permanent resident status as soon as you get permission to do so. And thus you need to remain in compliance with the adopted country’s laws as its failure can lead to risk of deportation.7)    APPLY FOR PERMANENT RESIDENCYAfter living for a year or two, when you finally decide to make your permanent home there, then in that case you can apply for permanent residency. Well, applying for permanent residency is comparatively much costlier.8)    APPLY FOR CITIZENSHIPYou can apply for citizenship in your adopted country after you finally decide to reside there permanently and want to enjoy the natural born rights in your adopted country. The cost of applying for citizenship varies from country to country. ADVANTAGES OF IMMIGRATION·      Ample opportunities to learn and grow.·      Easy access to New, Different and Exotic Attractions·      Lots of Business and Employment Opportunities·      Opportunities to meet new friends and colleagues·      Possibility of better healthcare and education DISADVANTAGES OF IMMIGRATION·      Possibility of losing touch with old friends and family·      Problems in finding and creating productive employment·      Cultural barriers to assimilation·      High real estate costs and restrictions on ownership·      Major lifestyle and routine changesCONCLUSIONWell moving to a new country is not an easy task as life does not always work out as we plan. You can accommodate for time being but it is not compulsory that every individual moving abroad will find comfort or prosperity. Nevertheless, you can always hope for something better and big and look forward for getting bigger opportunities and platforms. Different countries have different norms. Thus it is advised to go through serious research before moving to any new country.   

Posted By

Neha Roy

2 weeks ago

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kaustav ghosh

junior associate
Exp
Howrah , West Bengal

Specialization

  • Landlord and Tenant
  • Civil
  • Adoption
  • Environment and Natural Resources
  • Intellectual Property
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