Succession Certificate

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Succession Certificate

What is a Succession Certificate?

A Succession Certificate is an authentication granted by Indian Civil Courts to the legal beneficiaries of a person who died intestate (without a will) and left unclaimed duties and safeguards. When a person dies without leaving a valid will, he or she is said to have died intestate. A Succession Certificate authorizes the bearer of the testament to establish obligations or shift safeguards in the benefit of the deceased without first determining whether the lawful beneficiary is competent to do so.

The Succession Certificate provides payment to all individuals owing such obligations or subject to such safeguards with respect to all installments provided to, or interactions in good faith with, the individual to whom the request has been granted. As a result, many organizations and people require a Succession Certificate before settling the responsibilities or safeguards of the deceased for the person asserting such obligations or rights. The applicable legacy law issues the Succession Certificate.

A Succession Certificate's Advantages

    • In the absence of a will or a nomination, the heir to a piece of property or financial assets must substantiate his or her rights. In such circumstances, an heir may be requested to provide a Succession Certificate or a letter of administration, depending on the asset’s value.
    • A Succession Certificate is necessary for moveable property such as provident funds, bank accounts, shares, loans, or other assets.
    • A letter of administration must be produced in support of an immovable property claim, such as land or jewels.

 

Process for Succession Certificate

Step 1

We put you in touch with knowledgeable attorneys.

Step 2

Documents are gathered, and the application is submitted

Step 3

After hearing, a district judge will grant the Succession certificate 

 

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Documents needed to get a Succession Certificate.

    • The deceased’s death certificate, including the date and time of death
    • Residence or information about the deceased’s properties at the time of death, depending on the jurisdiction.
    • Details about the deceased’s family or other relatives.
    • The petitioner’s legal rights.

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FAQs on Succession Certificate

After hearing all parties, the Judge can decide the right of the petitioner, to be granted the Succession Certificate. The Judge would then pass an order to grant a certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer, or both.
A court can sometimes require a bond with one or more surety or sureties or any other security, for rendering an account of debts and securities received by the petitioner of a Succession Certificate. This is for indemnifying the persons who may be entitled to any part of the debt or securities.
A Succession Certificate is valid throughout the entire nation of India.
If a certificate is granted in a foreign country, by an Indian representation accredited to that country, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.
If someone dies intestate, before administration of the estate is entrusted to someone or when no executor is appointed under the will of deceased or when an executor is appointed but he refuses to act, then the Letters of administration may be issued. These are issued to entitle the administrator to all the rights required for the effective administration of the estate of the deceased.

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