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19 Important Points to Note About Succession Certificate I 2020

Succession Certificate

1.   A succession certificate is an order issued by the Court of Law to the legal heirs of the deceased person who died without writing a will, leaving behind debts and securities. When a will made by the deceased person is present, a succession certificate doesn’t apply.

2.   A succession certificate certifies that the concerned person is the legitimate successor of the deceased person and is entitled to get any legal assets left by the deceased person.

3.   A succession certificate also allows the person to make payment of the debt or transfer securities to another person without having to put a legal heir title on him.

Succession Certificate
Succession Certificate

4.   Section 372 of the Indian Succession Act, 1925, enables a person to apply for the grant of succession certificate regarding debt or security of the person who dies intestate.

5.   A civil court is authorized to issue a succession certificate only after a petition made by the legitimate heirs of the deceased person.

6.   Where the deceased person has not made a will, the legal heirs of a particular property can use this succession certificate as a document that proves the ownership of the property of the deceased person. For example, if the father of a particular family dies, then the wife and children will become the legal heirs of the deceased person and they can claim the ownership of the property of the deceased father with the help of a succession certificate.

7.   In India, the Indian Succession Act 1925 and the Hindu Succession Act 1956 deals with issuing a succession certificate and the power to issue the succession certificate is with the district court.

8.   For getting a succession certificate, a person has to approach the civil court by applying along with the documents needed. After this, the court will issue a public notice. This notice provides an objection period of 45 days to protest. After this period, the succession certificate is issued by the court specifying the debts and securities mentioned in the application.

   Applicant must include the following documents and details in the application form:

1.    Copy of death certificate

2.    Ordinary residence of the deceased before death

3.    Address, name & other details of the legal heirs 

4.    No Objection Certificate 

5.   Name, address, and occupation of petitioners 

6.    Ration card or passports 

7.    Debts and securities for which the certificate will be used 

9.  A succession certificate grants the holder the following rights: 

1.  Claim the movable assets of the deceased. 

2.  Represent the deceased in the collection for debts, securities or commission. 

3.  Inherit the liabilities of the deceased. 

10. A succession certificate is valid throughout India. A certificate could be granted to a resident of a foreign country provided it has been approved by an Indian representative. 

11.  An adult person with a sound mind wishing to inherit the assets of the deceased person can apply for the succession certificate. The court can grant the minor a succession certificate through a guardian. 

12.  In case of over one applicant, the district judge will decide whom to issue the certificate. The judge will only issue a single succession certificate. 

13.  As per section 376 of the Indian Succession Act, the succession certificate can be extended for any debt and securities not originally specified in the application. 

14.  As per the Indian legal system a valid will replaces any succession right but in the cases of an intestate death, the Court divides the property amongst heirs as per the religion of the deceased. 

15.  When there is a will, a Succession Certificate has no ground and the executor of the will have to probate the will in the district court. 

16. A legal heir certificate doesn’t substitute the succession certificate. 

17. The Court can revoke a succession certificate under situations like fraud or defective proceedings. 

18. A succession certificate doesn’t necessarily make the certificate holder a legal heir or the owner of the assets. There are separate procedures to determine the legal heirs. 

19.   The succession certificate confirms that there has been no will. The holder of the succession certificate has the responsibility to honor any debt and security attached to that property.

This article is written for educational purposes, this is not for any kind of advertisement of the writer.


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