How to Apply and Get a Succession Certificate in India for NRIs with Legal Light Consulting
At Legal Light Consulting, a premier LLC Lawyer law firm in India, we specialize in assisting Non-Resident Indians (NRIs) with obtaining Succession Certificates to claim the assets of a deceased relative.
The Indian Government mandates the possession of a Succession Certificate to ensure that legal heirs can seamlessly inherit movable assets, such as funds in bank accounts, securities, debts, equities, and more. Our dedicated team of experienced lawyers provides end-to-end support, making the process efficient and stress-free for NRIs, even from abroad.
Understanding the Succession Certificate
A Succession Certificate is a legal document issued by a competent court in India, authorizing the legal heirs of a deceased person to inherit their movable assets when the individual dies intestate (without a will).
This certificate is crucial for establishing the rightful ownership and facilitating the transfer of assets from institutions like banks and financial organizations. It is governed by the Indian Succession Act, 1925, particularly under Section 372, which outlines the procedure for application and issuance. For NRIs, obtaining this certificate can be challenging due to geographical distances and unfamiliarity with Indian legal procedures.
At Legal Light Consulting, we bridge this gap with our expertise in handling NRI cases, ensuring full representation in Indian courts without requiring your physical presence.
Jurisdiction for Applying for a Succession Certificate
The Succession Certificate is granted by the District Judge or the High Court within the competent jurisdiction. The qualified jurisdiction is determined as follows:
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The district where the deceased ordinarily resided at the time of their death.
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If the deceased had no fixed place of residence, the jurisdiction shifts to the location where any part of their immovable or movable property is situated.
Our lawyers at Legal Light Consulting thoroughly assess your case to identify the correct court, ensuring the petition is filed in the appropriate jurisdiction to avoid delays or rejections.
Who Can Apply for a Succession Certificate?
A valid legal heir, typically a Class I heir (such as spouse, children, or parents) or the successor of the deceased, can apply for the Succession Certificate. The petition must be in the form of an affidavit and can only be filed by these eligible individuals—no other relatives are permitted to initiate the process.
If there are multiple heirs, a No Objection Certificate (NOC) from the others may be required to support the petitioner’s claim.
Details Required in the Petition
When filing the petition under Section 372 of the Indian Succession Act, 1925, the application must be in the prescribed format and include the following essential elements:
Resident Information
Details of the deceased’s ordinary residence at the time of death.
Rights of the Applicant
A clear statement outlining the applicant’s legal right to claim the assets.
No Obstacle to the Grant
Confirmation that there are no impediments or disputes that could prevent the issuance of the certificate.
Time of Death
Specific details about the date and time of the deceased’s death.
Family Information
Comprehensive details about Class I legal heirs, family members, or nearby relatives, including their addresses. Our team at Legal Light Consulting assists in drafting the petition with precision, ensuring all required details are included to strengthen your application.
Documents Required to Obtain a Succession Certificate
To apply for a Succession Certificate, the successor or legal heir must submit the following documents, all of which should be attested and presented to the Judge:
Details of the Deceased Person: Full name, date of death, and other personal information.
Right of the Applicant’s Claim: Supporting evidence of the applicant’s entitlement to the assets.
Valid Government Identity Card: Proof of identity for the applicant, such as a passport or Aadhaar card (for NRIs, passport is often used).
Affidavit on Legal Stamp Paper: An affidavit sworn on a Rs. 20 stamp paper, affirming the details in the petition.
Details About Debts and Securities: A comprehensive list of the deceased’s debts, securities, and other movable assets for which the certificate is sought.
No Objection Certificate (NOC): From other legal heirs (if applicable), consenting to the petitioner’s claim.
Details of Legal Heirs and Family Members: Names, relationships, and addresses of all family members or near relatives.
Photocopy of the Death Certificate: Including details like the time of death, ordinary residence before death, or the address where the deceased passed away.
It is crucial to note that the certificate will be granted efficiently only if there are no grounds for revocation, such as disputes among heirs. Additionally, a fee of 3% of the total value of the property is charged for the Succession Certificate.
At Legal Light Consulting, we guide NRIs through the document collection process, verifying authenticity and ensuring all submissions meet court standards.
Step-by-Step Process to Apply and Get a Succession Certificate
The process of obtaining a Succession Certificate involves several steps, and our firm ensures smooth navigation through each:
Consultation and Assessment
Contact our dedicated client servicing team for an initial consultation. We evaluate your case, identify the jurisdiction, and outline the required documents.
Preparation of Petition
Our lawyers draft the petition in affidavit form, incorporating all necessary details and supporting documents.
Filing the Petition
Submit the petition to the District Judge or High Court in the competent jurisdiction. For NRIs, we handle the filing on your behalf.
Court Proceedings
The court may issue a notice for objections (typically published in a newspaper for 45 days, as per standard procedures). If no objections are raised, the certificate is granted. In case of disputes, our advocates represent you in hearings.
Issuance of Certificate
Upon approval, the Succession Certificate is issued, typically within 3-7 months, depending on the case complexity. Our use of technology keeps NRIs updated in real-time on case progress, allowing informed decisions without travel.
Special Assistance for NRIs
Legal Light Consulting understands the unique challenges faced by NRIs, such as time zone differences and limited access to Indian courts. Our dedicated team leaves no stone unturned to provide specific information on legal cases, empowering you to make well-informed decisions.
We leverage technology for regular updates on developments and progress, ensuring transparency and convenience. With our expertise, NRIs are fully represented in court, making the process hassle-free.
Why Choose Legal Light Consulting?
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NRI-Focused Expertise: Specialized support for NRIs, including remote handling of all legal formalities.
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Experienced Lawyers: A team of qualified professionals well-versed in the Indian Succession Act and court procedures.
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Client-Centric Approach: Personalized guidance, technology-driven updates, and commitment to efficiency.
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Comprehensive Services: From document preparation to court representation and certificate issuance.
Contact Legal Light Consulting Today
If you are an NRI seeking to obtain a Succession Certificate in India, trust Legal Light Consulting to handle your case with utmost professionalism.
Our LLC lawyers are committed to securing your rights as a legal heir efficiently. Contact us today for a consultation and let us guide you through the process with expertise and care.
