Succession Certificate

Overview of Succession Certificate

A succession certificate, granted by a civil court judge of the relevant jurisdiction, is issued to the lawful heirs of an individual who dies intestate, leaving behind unresolved property and debts. In the absence of a valid will, the individual’s demise is considered intestate. Possession of a succession certificate empowers the holder to negotiate, transfer, and/or inherit the deceased’s debts and assets.

The certificate offers protection to all parties involved in transactions or payments made in good faith with the certificate holder, regardless of whether they are indebted or responsible for obligations related to such assets. Consequently, a succession certificate is at times necessary for settling the deceased’s debts or assets. It is imperative that the certificate is in favor of the individual claiming the assets or obligations.

Eligibility Criteria for Succession Certificate

The following individuals are eligible to request a succession certificate:

  • The legal heirs of the deceased.
  • An individual designated as the executor of the deceased’s will.
  • An individual granted letters of administration by the court.

Documents Needed for Obtaining a Succession Certificate

To apply for a succession certificate, the following documents are necessary:

  • Death certificate of the deceased.
  • Evidence of relationship with the deceased (e.g., birth certificate, marriage certificate).
  • Proof of identity and address of the applicant (e.g., voter ID card, Aadhaar card, driving license).
  • Affidavit affirming the applicant’s status as the legal heir of the deceased.
  • If a will exists, a copy probated by the court.
  • If letters of administration are issued, a copy of the court-issued letters.
  • Any additional documents pertinent to the case.

The application for a succession certificate should be lodged in the district court where the deceased was last domiciled. The fee for obtaining the certificate typically amounts to 3% of the total property value.

The procedure for acquiring a succession certificate can be intricate and time-consuming. Seeking legal counsel is recommended to ensure accurate filing of the application and submission of all requisite documents.

Succession Certificate for Property

A succession certificate, sanctioned by a court of law, is a legal instrument granted to the rightful heirs of a deceased individual. It confers upon the designated beneficiaries the authority to inherit the deceased’s property. Such a certificate becomes necessary when the deceased has not left a will or when the validity of the will is contested.

Filing a Petition for Succession Certificate

A petition for a succession certificate, submitted by the lawful heirs of the deceased, is a formal request filed in court. The petition must detail the deceased’s name, the names of the legal heirs, and the property to be inherited. It must also be accompanied by the requisite documentation, including the death certificate of the deceased, evidence of relationship, and proof of identity and address of the legal heirs.

Purpose of a Succession Certificate

The key purposes of a succession certificate are to:

  • Determine the legal heirs of the deceased.
  • Grant the legal heirs the entitlement to inherit the deceased’s property.
  • Resolve any potential disputes arising from the inheritance of the property.

Possibility of Revocation of a Succession Certificate

A succession certificate may be revoked by the court under specific circumstances, such as if it is established that the certificate was acquired through fraud or misrepresentation.

Rights of a Succession Certificate Holder

The holder of a succession certificate enjoys the following rights:

  • The right to inherit the deceased’s property.
  • The right to engage in transactions involving the property, such as selling, mortgaging, or leasing it.
  • The right to receive rents and profits from the property.
  • The right to pursue legal action against anyone impeding their inheritance rights.

Differences Between Succession Certificate and Legal Heir Certificate:

  1. Purpose:

    • Succession Certificate: It is obtained to establish the lawful heirs of a deceased person and to facilitate the transfer of assets and liabilities left behind by the deceased.
    • Legal Heir Certificate: This certificate serves the purpose of identifying the legal heirs of the deceased for various legal matters such as claiming insurance, pension, or other benefits.

  2. Scope of Authority:

    • Succession Certificate: Provides the holder with the authority to handle and distribute the deceased’s assets and liabilities, including debts, investments, and properties.
    • Legal Heir Certificate: Primarily used for informational purposes, indicating the legal heirs entitled to inherit the deceased’s property and other assets.

  3. Issuing Authority:

    • Succession Certificate: Issued by a civil court judge upon application by the eligible heirs or representatives of the deceased.
    • Legal Heir Certificate: Generally issued by local revenue authorities, tehsildar, or district magistrate based on the application submitted by the legal heirs.

  4. Documentation Required:

    • Succession Certificate: Requires documentation such as the death certificate of the deceased, proof of relationship with the deceased, proof of identity and address of the applicant, and any relevant affidavits or court orders.
    • Legal Heir Certificate: Typically necessitates documents proving the relationship with the deceased, such as birth certificates, marriage certificates, and other identity proofs of the legal heirs.

Procedure for Obtaining a Succession Certificate in India

Step 1: Drafting the Petition Upon payment of the requisite fees at the court, every applicant must draft a petition. Seek assistance from expert attorneys at Trademarkwala to facilitate the filing process. Sign the petition and submit it to the district judge.

Step 2: Submission of Documents to the Court The applicant will attend a preliminary hearing summoned by the judge. If the petition is accepted, the judge will schedule a final hearing date and notify relevant parties.

Step 3: Issuance of the Certificate The judge will assess the applicant’s eligibility for an online application for the succession certificate. Following a comprehensive hearing involving all concerned parties, the certificate will be granted to the applicant.

Step 4: Furnishing the Bond To safeguard against potential losses arising from misuse of the succession certificate, the district judge may require the applicant to furnish one or more sureties.

Note: Any loans or assets not covered in the initial application may be considered for extension by the district judge.

Succession Certificate Format in India

[Court Letterhead]

To Whomsoever It May Concern,

Succession Certificate No: [Insert Succession Certificate Number]

In the matter of the estate of [Name of the deceased], son/daughter of [Father’s name], who passed away on [Date of death], residing at [Address of the deceased].

I, [Name of the applicant], the legal heir of the deceased, hereby apply for a Succession Certificate regarding the movable and immovable properties of the deceased, who died intestate.

Particulars of the Deceased:

  • Full name of the deceased:
  • Father’s name of the deceased:
  • Date of death:
  • Last known address:

Particulars of the Applicant:

  • Full name of the applicant:
  • Father’s name of the applicant:
  • Address of the applicant:
  • Relationship with the deceased:

Particulars of the Properties:

  • Description of the property:
  • Location of the property:
  • Value of the property:

I affirm that the above details are true and accurate to the best of my knowledge and belief.

Therefore, I request the issuance of a Succession Certificate to me as the legal heir of the deceased, as per the provisions of the Indian Succession Act, 1925.

Dated this [Date] day of [Month and Year].

Yours faithfully,

[Signature of the applicant]

[Full Name of the applicant]

Application for Succession Certificate Under Indian Succession Act, 1925

MAY IT PLEASE YOUR HONOR:

The undersigned applicants respectfully submit the following:

  1. The applicants’ permanent address is as stated in the cause title.

  2. Applicant No. 1 is the son of the deceased, while applicants No. 2 and No. 3 are the late applicant’s daughters, and applicant No. 4 is the late applicant’s wife.

  3. The date of marriage between the late applicant No. 4 and the applicant is [insert date].

  4. The deceased passed away on [insert date].

  5. The mother of the deceased also passed away on the same day recently.

  6. The deceased passed away intestate, and despite diligent efforts, no will was discovered.

  7. Consequently, applicants Nos. 1 through 4 are the legal heirs of the deceased, entitled to 100% share of his movable and immovable assets.

  8. The deceased acquired certain shares during his lifetime, estimated to have a present value of ₹1, which rightfully belong to the applicants. The applicants seek to claim the accrued dividends on these shares and have them transferred into their names. A request for a Succession Certificate was made when the applicants sought the transmission of shares in their name, as per a letter addressed to the companies’ nodal officer.

  9. No other individual besides the applicants possesses any legal entitlement to the deceased’s shares in question.

  10. Given the matter’s jurisdiction, this Hon’ble court holds authority to grant the current application and issue appropriate orders.

  11. There are no impediments to the granting of the applicants’ request for a succession certificate.

  12. The applicants undertake to pay any court fees as directed by this Hon’ble court.

  13. There are no similar applications pending before any other court of appropriate jurisdiction.

  14. The requisite court fees have been duly attached to this application and will be remitted as directed by this Hon’ble court for the issuance of a succession certificate.

  15. Accordingly, the applicants respectfully pray that: a. The current application be favorably considered. b. A Succession Certificate for the shares be issued in the applicants’ favor. c. The provided application be subject to necessary amendments and corrections. d. Any further directives be issued in the interest of justice, equity, and morality.

[Signature of the Applicant]

[Name of the Applicant]

Date:Applicant

 

VERIFICATION

 

I XXX the present applicant assure that the information provided in the above mention paragraph 1 to 15 in this application is absolutely true and accurate to my knowledge. I have therefore signed below. The prayer before this honorable court is at paragraph 16.

 

(Candidate) XXX

Succession Certificate Cost

The petitioner is required to pay a predetermined portion of the asset’s value as court fees for the succession certificate. Initially, the petitioner must cover the succession certificate cost by purchasing judicial stamp papers equivalent to the necessary amount. Subsequently, the succession certificate is prepared, typed, attested, and provided to the petitioner. For assistance with this process, you can contact Trademarkwala.

Why Trademarkwala?

rademarkwala boasts a team of top-notch attorneys specialized in handling succession certificates. Our attorneys will diligently gather all essential documentation and complete the succession certificate application on your behalf. If deemed necessary by the district judge, an opportunity will be granted for relevant parties to present their case during a hearing at the district court. Following a thorough examination and consideration of all arguments, the judge will determine whether to grant the succession certificate to the petitioner. Throughout this entire process, our expert attorneys will provide unwavering support and guidance.

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