Skip to main content

How to get succession certificate

 A succession certificate is issued by a civil court to the legal heirs of a deceased person. When a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.


Connect with an expert lawyer for your legal issue

 


How to apply for a Succession Certificate?

 

Petition:

A duly signed and verified application must be made to the civil court or high court of competent jurisdiction.



Details:

Details like petitioner’s name, name of legal heirs of deceased, relationship of the petitioner with deceased, right of 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 mentioned in the petition.

 


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:

The court issues a newspaper notice for 45 days. Any person having problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate.

 


Documents required for obtaining Succession Certificate:

 (I) Death certificate

(ii) Pan Card of all the legal heirs

(iii) Ration card of all the legal heirs

(iv) Prescribed application form by affixing a court fee stamp

 


What is the effect of Succession Certificate?

A Succession Certificate provides protection to the parties paying debts in good faith. It also authorizes the holder of the certificate to receive a dividend on the securities and transfer such securities as stated in the certificate making such transfers or receipt of payment valid as per the law. Be that as it may, such authority over the securities would not render the rights of ownership or inheritance rights over the securities to the holder. The inheritance would be determined as per the procedure prescribed under the appropriate laws.


Consult: Top Documentation Lawyers in India

 


What are the differences between Succession Certificate and Legal Heir Certificate?

Following are the main differences between a succession certificate and legal heir certificate:


A legal heir certificate is required to prove your claim in the property of a deceased person, whereas, a succession certificate is required to obtain debts and securities of a deceased person in absence of a will.


A legal heir certificate enlists the heirs of a deceased person, whereas, a succession certificate states the applicant’s relationship with the deceased and enlists the debts and securities of the deceased person.


A legal heir certificate identifies and establishes legal heirs of a deceased, whereas, a succession certificate gives authority to the certificate holder to inherit debts and securities of a deceased person and provides protection to the parties making payment of the debts.


A holder of a legal heir certificate is entitled to inherit the property of the deceased person, whereas, a holder of a succession certificate may not be the ultimate beneficiary of the property of the deceased person.

 


How can a lawyer help you in making a Succession Certificate?

It is clear that obtaining a succession certificate is a time taking process and involves a complex legal procedure. One can also bear a substantial loss if a succession certificate is not obtained within the requisite time. This is why it is wise to hire an experienced documentation lawyer to help you obtain a succession certificate. A lawyer can help you manage the documentation required to apply for a succession certificate and can also take care of the application on your behalf. Being an expert in the field, a lawyer can help you make an application with minimal mistakes ensuring low chances of refusal. He can also take care of the procedure for you while saving you time to manage other essential jobs.


Connect with an expert lawyer for your legal issue

 


Format of a Succession Certificate

IN THE COURT OF _____, _____


 

Petition No. __ of ____

Date of Institution: __/__/____

Date of Decision: __/__/____

 

_____ son of _____ R/o _____

 

….PETITIONER

 

Versus

 

1-    _____,

2-    _____ son/wife of _____, resident of _____

 

…..RESPONDENTS

 


PETITION UNDER SECTION _____ OF _____ ACT, _____ FOR GRANT OF SUCCESSION CERTIFICATE


 

SUCCESSION CERTIFICATE

 

To,

_____ son of _____ R/o _____

 

WHEREAS, you applied on _____ day of _____ for a Certificate under _____ of _____ Act, _____ in respect of _____ benefits of _____ resident of _____ who was employee of _____  having employee No. _____ from the office of _____, _____

 

This certificate is accordingly granted to you and empowers you to collect those debts.

Given under my hand the seal of this court on this ___________ day of _________.

 


_____ Judge (_____ Division)

__________

Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...