Succession Certificate : Its Significance
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Succession Certificate ? Ever Heard about it ? Why do you need it? What is the cost of a succession certificate? What is a property inheritance certificate? Do not worry. This blog covers everything you need to know about it.
What is a Succession Certificate ?
A Succession Certificate is a legal document that is issued by a civil court to the legal heirs of a deceased person. It establishes the ownership of the deceased person’s movable assets such as bank accounts, shares, investments, and other personal property, as well as the debts and liabilities left behind by the deceased person.
The certificate is typically issued to one or more legal heirs of the deceased person after due legal process, which involves the submission of various documents such as death certificate, proof of relationship with the deceased, and an affidavit stating that the applicant is the rightful heir of the deceased.
The Succession Certificate serves as proof of legal right to inherit the property of the deceased, and can be used by the legal heirs to claim their share in the property and other assets of the deceased person. It is important to obtain a Succession Certificate in order to avoid any disputes or legal complications that may arise in the distribution of the deceased person’s assets.
Who issues the Succession Certificate?
A succession certificate is issued by the competent civil court, which is either a district court or a superior court, depending on the value of the property of the deceased. The court will issue a certificate after due process of law has been carried out and the veracity of the claim of the applicant seeking the certificate has been established.
Courts may require an applicant to produce a variety of documents, such as a death certificate of the deceased, proof of kinship with the deceased, and an affidavit stating that the applicant is the legal heir of the deceased. there is. The court may also require that a notice be published in the local newspaper requesting an objection to the issuance of the certificate.
If the court determines that the petitioner is the legal heir of the deceased, it will issue a probate certifying legal title to the deceased’s personal property.
Documents Required For Succession Certificate
The exact documents required for a Succession Certificate may vary depending on the specific requirements of the court where the application is being made, and the individual circumstances of the case. However, some common documents that may be required for obtaining a Succession Certificate are:
- Death certificate of the deceased person
- Proof of identity of the applicant(s) such as Aadhaar card, passport, or voter ID card
- Proof of relationship of the applicant(s) with the deceased person, such as birth or marriage certificate
- Details of all legal heirs of the deceased person, including their names, ages, and addresses
- A list of all movable assets of the deceased person, along with their approximate value
- An affidavit stating that the applicant(s) are the rightful heirs of the deceased person and that there are no other legal heirs who have a claim on the property
- Court fee and stamp duty as applicable
- Any other documents or information that the court may require for verification or proof of claims.
It is advisable to consult a lawyer or legal expert to obtain a comprehensive list of documents required for obtaining a Succession Certificate, as well as guidance on the application process and legal formalities involved.
How To Obtain a Succession Certificate?
Obtaining a Succession Certificate involves a legal process that may vary depending on the specific requirements of the court where the application is being made, and the individual circumstances of the case. However, some general steps that may be involved in obtaining a Succession Certificate are:
- Identify the appropriate court: The application for a Succession Certificate must be made to the appropriate court of competent jurisdiction, which could be the district court or the high court depending on the value of the assets of the deceased person.
- Gather the required documents: The applicant(s) must gather all the necessary documents required for obtaining a Succession Certificate, such as the death certificate of the deceased person, proof of identity and relationship of the applicant(s) with the deceased person, and details of all movable assets of the deceased person.
- Draft and file the application: The applicant(s) must draft and file the application for a Succession Certificate with the court, along with all the required documents and court fee and stamp duty as applicable.
- Verification and publication of notice: The court may verify the claims of the applicant(s) and may also require the publication of a notice in a local newspaper inviting objections, if any, to the grant of the certificate.
- Grant of Succession Certificate: Once the court is satisfied that the applicant(s) are the rightful heirs of the deceased person, it will issue the Succession Certificate, which serves as proof of their legal right to inherit the movable assets of the deceased
Conclusion
To summaries, a Succession Certificate is a legal document that establishes the ownership of the movable assets of a deceased person and is issued by a civil court to the legal heirs of the deceased. The certificate is obtained through a legal process that involves submitting various documents to the appropriate court, such as the death certificate of the deceased person, proof of identity and relationship of the applicant(s) with the deceased person, and details of all movable assets of the deceased person. The court may verify the claims of the applicant(s) and may also require the publication of a notice inviting objections to the grant of the certificate. Once the court is satisfied that the applicant(s) are the rightful heirs of the deceased person, it will issue the Succession Certificate.
