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
Petition :
- 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.
Fee:
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.
Process:
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.
Our ‘dedicated client servicing team leaves no stone unturned to impart the specific information pertaining to the legal cases of our NRI clients so that they can make a well-informed decision. We believe in technology and use it to our advantage so as to keep our clients updated with information on the latest developments and progress of their cases from time to time.
Legal Light Consulting Best Law Firm in Delhi NCR*
Expert in NRI Lawyer - Effective Legal Services in India
We have an experienced team of professional and NRI Expert lawyer team and we are well aware of all the aspects of Indian as well as foreign laws.
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.
We are completely transparent in terms of the fees that we charge. We mention the exact fee structure on our website or share details via email/WhatsApp. We do not charge a single penny apart from what we mention on our website or agree to complete the process.
Best NRI Law Firm
Legal Light Consulting has a good reputation when it comes to NRI Service. We have a team of best NRI Expert Lawyers, with years of experience and expertise in NRI Service cases.
- To the point consultation keeping in mind foriegn as well as Indian laws
- File cases in Indian courts without coming to India
- Confidentiality guaranteed
- Review your case files over email
- Best Lawyers for NRI Legal Family matters
- Get answers here that you can’t find on Internet
- File for case Online without court visits
- Book an appointment with NRI Service Lawyers online
Succession Certificate and Everything You Must Know About It
Succession Certificate
NRI Property Rights in India: Decoding the “Five-Year Rule” for Eviction Under the Rent Act
NRI Property Rights in India: Decoding the “Five-Year Rule” for Eviction Under the Rent Act For Non-Resident Indians (NRIs), owning property “back home” is often a cherished asset and a link to their roots. However, the relationship between an NRI owner and a tenant can sometimes become strained, leading to complex legal disputes. One of…
NRI Rights Rent Control and Eviction
Rent Control and Eviction: NRI Rights under the E.P. Urban Rent Restriction Act, 1949 The rights of Non-Resident Indians (NRIs) in property law often raise complex questions, especially under rent control legislations. One significant issue is the interpretation of Section 13-B(1) of the East Punjab Urban Rent Restriction Act, 1949, which provides NRIs with a…
Supreme Court Clarifies NRI Landlord Rights under East Punjab Urban Rent Restriction Act
Supreme Court Clarifies NRI Landlord Rights under East Punjab Urban Rent Restriction Act Educational Article by Legal Light Consulting – India’s Premier NRI Law Firm Non-Resident Indians (NRIs) who own properties in Punjab and Chandigarh often seek to recover possession of rented premises for personal use upon returning to India. The East Punjab Urban Rent…
Eviction Rights of NRI Landlords Under the Delhi Rent Control Act
Eviction Rights of NRI Landlords Under the Delhi Rent Control Act, 1958: Understanding Bona Fide Requirement For many Non-Resident Indians (NRIs) who own property in India, particularly in Delhi, managing tenant disputes and recovering possession of residential property can be legally challenging. The Delhi Rent Control Act, 1958 provides a mechanism that allows landlords to…
NRI Landlords and the Delhi Rent Control Act
NRI Landlords and the Delhi Rent Control Act: Why “Bona Fide Requirement” Cannot Be Denied Based on NRI Status Alone For Non-Resident Indians (NRIs) who own property in Delhi, the relationship with a tenant can often become a source of significant stress. Many NRIs wish to reclaim their property—whether to start a business, provide a…
NRI Landlord Rights under the Delhi Rent Control Act, 1958
NRI Landlord Rights under the Delhi Rent Control Act, 1958 Property disputes involving Non-Resident Indians (NRIs) often raise complex legal questions under rent control laws. One recurring issue is whether an NRI landlord can seek eviction of tenants based on bona fide requirement under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The courts…
Delhi High Court Upholds NRI Landlord’s Bona Fide Requirement for Eviction
Delhi High Court Upholds NRI Landlord’s Bona Fide Requirement for Eviction under Section 14(1)(e) of Delhi Rent Control Act: Key Lessons for NRIs Educational Article by Legal Light Consulting – India’s Premier NRI Law Firm Non-Resident Indians (NRIs) owning properties in Delhi frequently face challenges in recovering possession from tenants, especially when tenants allege lack…
NRI Landlord’s Bona Fide Requirement for Eviction
Delhi High Court Upholds NRI Landlord’s Bona Fide Requirement for Eviction under Section 14(1)(e) of Delhi Rent Control Act: Key Lessons for NRIs Educational Article by Legal Light Consulting – India’s Premier NRI Law Firm Non-Resident Indians (NRIs) owning properties in Delhi frequently face challenges in recovering possession from tenants, especially when tenants allege lack…
Protecting NRIs from Malicious Property Disputes
Protection for NRIs in Property Disputes: When Criminal Proceedings Can Be Quashed Under Section 482 CrPC Property disputes involving Non-Resident Indians (NRIs) often arise due to inheritance conflicts, family disagreements, or contested ownership claims. In some cases, such disputes—essentially civil in nature—are converted into criminal complaints, causing unnecessary legal harassment to parties who may not…
Protecting NRIs from Malicious Prosecution in Property Disputes
Criminal or Civil? Protecting NRIs from Malicious Prosecution in Property Disputes For Non-Resident Indians (NRIs), property disputes back home are often a nightmare. A family disagreement over inheritance, a contested will, or a dispute with a tenant can quickly spiral into a complex legal battle. But what happens when the dispute, which is inherently civil…
NRI Legal Support: Quashment of Criminal Proceedings
NRI Legal Support: Quashment of Criminal Proceedings under Section 482 CrPC Non-Resident Indians (NRIs) often face complex property disputes in India, particularly when inheritance and family conflicts overlap with criminal allegations. The Criminal Procedure Code, 1973 (CrPC) provides a safeguard under Section 482, empowering High Courts to quash criminal proceedings where allegations do not disclose…
Supreme Court Protects Bona Fide Lessees in Property Disputes: Quashing Criminal Proceedings When Allegations Are Civil in Nature
Supreme Court Protects Bona Fide Lessees in Property Disputes: Quashing Criminal Proceedings When Allegations Are Civil in Nature Educational Article by Legal Light Consulting – India’s Premier NRI Law Firm Non-Resident Indians (NRIs) frequently invest in Indian real estate through leases, sub-leases, or purchases, often relying on documents provided by family members or local representatives.…
Best Law Firm in Delhi NCR >
We are a Team of Qualified and Practicing Lawyers with Expertise in getting Succession Certificates from the Courts as per Indian Laws.
