HOW TO OBTAIN A SUCCESSION CERTIFICATE
Posted On : June 22, 2019
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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. The direct legal heirs like the wife/spouse, son, daughter and the surviving legal heirs who will get the rights to own the property after the demise of a person.
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: -
- 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/-]
- After this the District Judge is required to inspect the application made by the applicant and decide whether such application is admissible or not.
- 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.
- 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/-]
- 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 CERTIFICATE
The 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 certificate
- The debts and securities in respect of which the application is made
MISCELLANEOUS TOPICS
- 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.
- 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.
- 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.
- 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.
- No Succession Certificate is granted in cases where
- A probate or LOA [Letter of Administration] is necessary OR
- Where there is a valid will.
Written By:
Shreyash Mohta
Recommended Free Legal Advices
succession certificate for INTESTATE HINDU property 1 Response(s)
Dear Sir,
The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.
Legal Hire OR Succession certificate OR Transfer through Sub registrar&Khata 2 Response(s)
Dear Client,
When a person passes away without leaving a will, their property is distributed among their legal heirs. In your case, since you are the sole surviving legal heir (son) of your mother, you have a rightful claim to her property. However, the process of transferring the property's ownership involves legal documentation to establish your right.
Succession Certificate: This is a legal document that establishes the legal heirs of the deceased person and their right to inherit the property. It is often used to transfer movable assets like bank accounts, securities, etc. Some advocates might suggest using this for immovable property as well, but its applicability to real estate can vary.
Legal Heir Certificate: This certificate establishes the identity of the legal heirs of the deceased person. While it's often used for claiming benefits, such as insurance or pensions, some advocates might suggest using this for transferring immovable property as well.
Transfer through Sub-Registrar and Khata: In some cases, especially if there's a clear understanding among the legal heirs and no disputes, the property can be transferred directly through the local sub-registrar's office and the khata transfer process. This is often considered a simpler and more cost-effective method.
The confusion you're experiencing might arise from the fact that different legal professionals might have different interpretations of the best way to handle the situation. Laws and practices can vary, and sometimes, recommendations might depend on the specific circumstances and local regulations.
To make an informed decision, consider the following steps:
Costs: Understand the costs associated with each method, including legal fees, government fees, and any other expenses.
Risks and Benefits: Ask about the potential risks and benefits of each approach in your specific case. Factors like family dynamics, property type, and local regulations can influence the best course of action.
Thanks
Succession Certificate for Shares 2 Response(s)
Dear Client,
When the grandfather's shares devolve upon your mother through a Succession Certificate issued by the UP District Court, on her demise before the settlement of shares, then all the surviving legal heirs or beneficiaries are equally entitled to claim the share in the said movable asset (shares pending for settlement) of your deceased mother. In such a situation, the legal heir(s) when no nominee has been registered for the demat account, will have to approach the depository participant (that is, the demat account provider such as a broker or a bank) with the transmission request form and the relevant documents. In the case of small shareholders transmission and Transfer may be considered and affected by the Company without obtaining a succession certificate. The Board of Directors shall ensure that sufficient evidence has been produced by the legal heirs. A number of other documents such as legal heirship certificate, nominations and death certificates may be procured, as an alternative to a succession certificate, for the purpose of establishing an inheritance or aiding in the transfer of assets from the deceased. It is comparatively easier to obtain these documents. A succession certificate is required for the movable assets if the indemnity bond is not sufficient. For the succession certificate, the court fee has to be paid only on the current market value of shares. If the value is less than Rs. 5 lakh, a legal heir certificate may meet the purpose and resolve the issue. So, in the prevailing situation, you need to contact/approach the depository participant (DP) that is, the demat account provider such as a broker or a bank for further clarification and tentative steps to be taken for settlement of the shares.
Succession certificate 3 Response(s)
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.
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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.]
Succession certificate in single name with no objection from other legal heirs 1 Response(s)
Hello Sir,
You have to inform the judge, that, he can issue Succession Certificate in the name of one mere Legal Heir, as the Succession Certificate is not same as the Legal Heirship Certificate which needs to be issued in the name of all the Legal Heirs.
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