Succession Certificate and Everything You Must Know About It
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Succession Certificate Services
A succession Certificate is a legal Document provided to the successors of a deceased person. A succession certificate is used to grant authority to the heirs over the debts, securities, and other assets of the deceased.
It is a certification given by the court, generally preceded by an investigation into heirs, required to ascertain who are the legal heirs of the deceased. When a person dies intestate (without a will), their assets are passed on to their legal heirs after the court has verified the legitimacy of ownership.
The civil courts which grant the issuance of succession certificates come under the Indian Succession Act, of 1925. it helps in establishing the rightful owner and provides a certain authority over the deceased person.
The valid Successors need the succession certificate as the banks and institutions also ask for a succession certificate for heirs to transfer their assets to the legal heirs.
Apply for Succession Certificate in India
- A duly signed and verified application must be made to the civil court of competent jurisdiction.
- In the petition, details like the petitioner’s name, name of legal heirs of deceased, relationship of the petitioner with deceased, right of the petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to be mentioned.
According to Schedule II of The Court Fees Act, 1870, certain amount is levied as court fee for this process. Stamp Duty may vary from state to state.
A newspaper notice for 45 days is issued by the court. Any person having a problem with it can file objections. If the court doesn’t receive any objection, it issues a succession certificate. This process takes five to seven months.
How long should it take to obtain the Succession certificate from the court?
Usually, it should take about 3-4 months from the date of filing to receive your certificate.
The court has jurisdiction to grant the certificate.
The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
With a dedicated team of lawyers to assist our NRI clients, we assure you that you will be duly represented for your legal matter Like getting the Succession Certificate from the concerned court of jurisdiction in India.
To get the Succession Certificate in India. We are a Team of Qualified and Practicing Lawyers with Expertise in getting Succession Certificates from the Courts as per Indian Law
How to apply and get a succession certificate in India for NRI?
The Indian Government has mandated the possession of a succession certificate so that appropriate legal heirs can easily claim their assets. These assets are movable and can be in the form of funds in the bank account, securities, debts, equities, etc.
In order to obtain a succession certificate, the below-mentioned points should be attended to while filing a petition:
- This certificate is granted by the District Judge or in the High Court falling under the qualified jurisdiction.
- It is to be kept in mind that a qualified or competent jurisdiction is that particular district in which the deceased resided at the time of his death. If there is an unavailability of such a place then the consideration of the jurisdiction is towards the location of the assets.
- The petition under section 372 of the Indian Succession Act 1925, should be in the form of an affidavit from the Class I legal heirs or it can be from the successor of the deceased person only and no other relative.
Details required to obtain a Succession Certificate
A valid legal heir can apply to the court of Jurisdiction to obtain the Succession Certificate. The application should be in the prescribed format and should contain the key essential elements given herewith:
- Resident Information.
- The rights of the applicant.
No obstacle to the grant of the certificate.
- The time of death of the deceased’s person.
- Important information about family, class-I legal heirs, or nearby relatives.
Documents required to obtain a Succession Certificate
The Successor or Legal heir of the deceased person has to furnish the following prerequisite documents and details. It is important to mention that all the documents should be attested and presented to the Judge:
- Details of the deceased person.
- Right of the applicant’s claim toward the assets.
- A valid government Identity Card of the applicant
- An Affidavit on a Legal Stamp Paper of Rs 20
Details about the debts and securities of the deceased
- A No Objection Certificate from legal heirs other than the petitioner (if any).
- Details of the Legal Heirs and the family members or other near relatives alongside individual addresses.
- It is important to address that the certificate will be granted efficiently. If there is an absence of any grounds which may lead to revoking of the grant.
- A Photocopy of the death certificate of the deceased with details like time of death, ordinary residence before death, or address of the location where he passed away.
Note: A succession certificate will charge 3% of the total value of the property.
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Transmission of shares to Legal Heirs through Probate & Succession certificates. In case the investor is deceased there is a requirement of obtaining legal documents like a Succession Certificate, legal heir Certificate, and Probate of Will from the appropriate Court in order to transfer the securities/investments to the legal heirs.
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