- Succession Certificate is a document which is issued by the competent court. This certificate authorizes the successor to realize the debts and securities of the deceased person. This certificate will be valid throughout India.
- With this certificate any person could claim assets and properties of the deceased, this certificate also enables to inherit the person’s debt and liabilities.
- The concept of Succession Certificate comes into picture if the person dies interstate. i.e. if the person dies without leaving a will.
- The person should have applied out of bonafide intention for the succession certificate. The time to get succession certificate is time consuming
- The legal heirs could claim the succession certificate of the person who died interstate. This succession certificate would help to get property and other things related to the deceased person.
Who can apply:
The persons who could claim or apply are mentioned in Hindu Succession Act, Indian Succession Act applies irrespective of the religion.
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Sibling of the deceased
- SUBMISSION OF PETITION: Petition has to be made and submitted before the Competent Court where the property is situated or the place where the person lastly resided. After the submission of the petition, the Court fixes a date for hearing in case the District Judge is satisfied.
- COURT FEE: Varies from 2 to 3% of such amount. 3% in case of obtaining certificate under Indian Succession Act, 1925.
- PUBLISHING IN NEWSPAPER: The Court then publishes in National Newspaper. Meanwhile the Court examines other legal heirs, to know there is any objection. 45 days of time is given in case of objections.
- GRANT OF CERTIFICATE: If no one raises objection the Court issues the certificate. In case of Joint petition the court may issue Joint Succession Certificate.
- INDEMNITY BOND: In certain cases the Judge asks for indemnity bond. And to be signed by 2 or 3 parties.
- Time of death of the deceased person
- Address of the deceased person
- Details of the property or the details of the thing for which this Succession certificate is applied
- Details of the family
- Death Certificate of the deceased.
- Address of the petitioner
- Copy of ration card, passport or other identity proof
Contents of the petition:
- Time of the death of the person
- The residence of the deceased
- Relative or family ‘s residence
- The right of the petitioner
- No impediments under section 370
- List of debt and securities for which this certificate is applied
- No objection certificate from other heirs