What is a Succession Certificate?

The succession certificate is the legal certificate given to the heirs of the deceased person when the deceased person has not prepared a will. This certificate gives the holder of the certificate a legal right to the debts and securities of the deceased person and through this certificate, the debts and securities of the deceased person are transferred.

This document also indicates the petitioner’s relationship with the deceased along with providing information about the other surviving heirs of the deceased and their time, date, and place of death. This gives the certificate holder an advantage over all assets and also on debt. Property can range from insurance, mutual funds, pensions, retirement benefits, or any other service benefits of the deceased.

Who issues the succession certificate?

The successor certificate is issued by the District Judge of the jurisdiction concerned. The jurisdiction concerned shall be where the deceased normally resides at the time of his death or if no such place is available, the jurisdiction within which any property of the deceased may be found.

What are the special ones to be included in the petition for Succession Certificate?

The petition for successor certificate made to the District Judge should be signed and verified by the applicant and include the following details:

• Time of death of deceased
• Simple residence of the deceased at such time of death; And if no such ordinary residence is available, the particulars of the property are within the jurisdiction of the District Judge for whom such application is made.
• Families or other people and their respective place of residence near the relatives of the deceased person.
• Rights of the petitioner.
• Absence of any reason to invalidate grant of certificate.
• Loans and securities in respect of which such certificate is applied for.

How to get a succession certificate in India?

A succession certificate is a certificate given by the courts in India to legal heirs. A person who dies, excluding debts and securities. A person is said to have passed away when he will not leave a legal will, so inform him.

The successor provides the certificate holder to pay a loan or transfer the securities to the holder without a certificate. Find a legal successor for this.

It provides damages to all persons accountable by the collateral of such loans or on securities for which it is accountable in respect of all payments made In good faith with a person who was granted a certificate.

Therefore, many organizations and individuals request for a successor certificate before the settlement of the debt or the securities of the deceased in favor of the person claiming such debt or securities.

Procedure for obtaining the succession certificate.

The legal process for obtaining a successor certificate is as follows:

Step 1: The applicant will prepare a petition, verify and sign the same and present the same to the District Judge in the appropriate jurisdiction after paying the appropriate court fee.

Step 2: The District Judge will inspect the application and if the same is accepted, he will fix a day for hearing in respect of the same and also send a notice of hearing, for which he deems fit.

Step 3: After listening to all the parties concerned, the judge will decide whether the applicant is within his / her right to apply or will provide him/her a certificate if satisfied.

Step 4: The District Judge may require the applicant to provide a bond with one or more sureties or any other security to recover any potential damages arising from the use or misuse of such certificate.

Petition for certificate: –

A petition for a successor certificate must include the following details:

1. Time of death of deceased
2. A statement or description of the property of the deceased at the time of death comes under the jurisdiction of;
3. Details of family or other relatives nearby;
4. Rights of the petitioner;
5. Absence of any obstacle to granting the certificate;

Certificate grant: –

The District Judge on the basis of the petition is the opinion of the petitioner is numbered and empowers the petitioner after hearing all the parties. After hearing all the parties, the judge can decide the petitioner’s right to inherit the certificate. The judge would then pass an order granting the certificate, which would refer to specifying the debts and securities prescribed in the application empowering the successor, receiving interest or dividends or negotiating or transferring, or both.

Restriction on successor certificate: –

A court sometimes requires one or more sureties or a bond with another. Security to provide an account of the debts and securities received by the petitioner, heir certificate to compensate the persons who may be entitled to any part (loan or securities).

The validity of certificate: –

The successor certificate is valid anywhere within India. However, where a certificate has been provided to a person who is a resident of a foreign country, an Indian representative (as appointed by the Government), the certificate of such foreign country will be valid only if it is properly Will seal

What is the effect of a certificate?

The main purpose of this certificate is to provide security to all parties paying the loan where such payments are made in good faith. The certificate holder also has the right to receive any interest/dividend on the securities and to negotiate or transfer such securities mentioned in the certificate.

Thus all payments made by the certificate holder on behalf of the deceased person will be legally valid. However, this does not mean that the holder of the certificate is the owner of the securities or the legal heir. Legal heirs/heirs are determined by a separate process of law.

Format of succession certificate: –

Benefits of a successor certificate: –

1) In the absence of nomination or will, an heir of the estate or financial assets is required to prove their claims. In such cases, depending on the property, a successor may be asked to produce a letter of administration from it.

2) For movable assets such as provident funds, bank deposits, shares, loans, or other securities, a successor certificate is required.

3) For an immovable property like land or ornaments, one has to produce a letter of administration in support of his claim.

Frequently Asked Questions: –

 

How Aapka Advocate helps in creating a successor certificate?

Application Creation: –

We take our client’s problem to our expert lawyer and provide advice to the client, who will collect all the necessary documents and prepare an application for a successor certificate.

Application filing: –

If the District Judge is satisfied with the preparation of the petition, then the person will be given an opportunity to hear which, in his opinion, should be heard. After hearing from all parties, the judge will decide the authority of the petitioner, who will be given a succession certificate. The judge will then pass an order awarding the certificate.

 

When can the court give a successor certificate?

The judges of the civil court will decide the rights of the petitioner after hearing the parties concerned. Then, the judge will pass an order issuing a successor certificate specifying the list of debts and securities sought by the petitioner.

 

What are the restrictions on issuing successor certificates?

Many times, the court may require the petitioner to present a bond with security or with one or more sureties. This is to condemn him in case of possible loss of debt/securities arising out of any use/misuse of the successor certificate.

 

What is the geographical validity of the succession certificate?

A successor certificate made in any part of India is valid anywhere in India.

 

What procedure is followed after a successor certificate is issued in a foreign country?

If a successor certificate is issued to a person in a foreign country by an Indian representative appointed by the government of that country, it must be properly stamped for any form of validity in India. The certificate should be stamped as per the provisions mentioned in the Indian Court of Duty Act 1870.

 

What is meant by the letter of administration?

If someone dies, before the administration of the property is entrusted to someone or when no executor is appointed under the will of the deceased, or when an executor is appointed, but he refuses to act If so, letters of administration may be issued. These are issued to entitle the administrator to all the rights necessary for the effective administration of the deceased’s property.