How to Obtain a Succession Certificate in India: A Detailed Guide
A Succession Certificate is a legal document issued by a court in India to the legal heirs of a deceased person who died intestate (without leaving a will). This certificate authorizes the holder to inherit the debts, securities, and other assets of the deceased. The procedure for obtaining a succession certificate is outlined in the Indian Succession Act, 1925, specifically under Sections 370 to 390. Below is a step-by-step guide to obtaining a succession certificate in India.
1. Eligibility to Apply for a Succession Certificate
The application for a succession certificate can be made by the legal heirs of the deceased, such as the spouse, children, or parents. In some cases, distant relatives or even creditors of the deceased may apply for the certificate, but they must prove their legal interest in the estate.
2. Jurisdiction for Filing the Application
The application for a succession certificate must be filed in the District Court that has jurisdiction over the area where the deceased person ordinarily resided at the time of their death. If the deceased did not have a fixed place of residence, the application can be filed in the court where any part of the deceased’s property is located.
3. Filing the Petition
The legal heir or interested party must file a petition for a succession certificate. The petition should include the following details:
- Name and relationship: The name of the petitioner and their relationship to the deceased.
- Details of the deceased: The name, address, date, and place of death of the deceased.
- Assets: A comprehensive list of the deceased’s assets, such as bank accounts, securities, debts, etc.
- Absence of a will: A statement confirming that the deceased did not leave a will.
- Heirs: A list of all legal heirs and their addresses.
- Absence of disputes: A statement indicating that there is no dispute over the assets.
- Jurisdiction: The basis on which the court has jurisdiction over the matter.
4. Payment of Court Fees
Court fees vary from state to state and are usually calculated as a percentage of the value of the estate. The fee must be paid at the time of filing the petition.
5. Issuance of Notice
Once the petition is filed, the court will issue a notice to all the legal heirs and interested parties. This notice is also published in newspapers to invite any objections from the public. The notice period is usually 45 days, during which anyone with objections can appear before the court.
6. Hearing and Objections
After the notice period, the court conducts hearings to examine the validity of the claims made in the petition. If any objections are raised, the court will hear them and may require evidence to resolve any disputes. If there are no objections or if the objections are dismissed, the court will proceed with the petition.
7. Issuance of Succession Certificate
If the court is satisfied with the petitioner’s claim and there are no valid objections, it will issue a succession certificate. The certificate will detail the assets covered and specify the rights and responsibilities of the certificate holder.
8. Security Bond Requirement
In some cases, the court may require the petitioner to furnish a security bond. This bond is meant to indemnify any future claims against the estate. The amount of the bond is usually equivalent to the value of the estate or a part thereof.
9. Rights Conferred by the Succession Certificate
Once the succession certificate is issued, the holder has the legal authority to:
- Collect debts and securities due to the deceased.
- Transfer or negotiate the securities.
- Manage and distribute the estate among the legal heirs according to their respective shares.
10. Limitations of a Succession Certificate
A succession certificate does not determine the title to the property. It merely grants the holder the right to collect and manage the deceased’s estate. The title or ownership of the property must be determined through separate legal proceedings if there is any dispute.
11. Appeal Process
If a party is aggrieved by the issuance of the succession certificate, they may file an appeal in a higher court. The appeal must be filed within the time frame specified under the Indian Succession Act or other relevant laws.
Conclusion
Obtaining a succession certificate is a crucial legal process for managing the estate of a deceased person who died without a will. The process involves filing a detailed petition, paying court fees, issuing notices, and attending hearings. Once the succession certificate is issued, the holder can collect and distribute the deceased’s assets. However, it is important to note that the certificate does not confer ownership of the property, and any disputes regarding ownership must be resolved through separate legal channels.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304