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GUIDE FOR OBTAINING SUCCESSION CERTIFICATE

What is a Succession Certificate? Succession Certificate is the key document, that is issued by the competent court certifying the rightful person to be the successor of the deceased person. Succession Certificate is applied under the Indian Succession Act, for the purpose of collecting debts and securities dues towards the deceased person. Succession certificate is the key document in the absence of any will. The Succession Certificate does not give right of the property because it does not determine title, right and interest of deceased person to particular property. How to obtain a Succession Certificate?. First Step Any person claiming the movable property (debt and Securities ) of a deceased person needs to file a petition for obtaining a succession certificate in the Court of competent jurisdiction. The petition must have the following documents

  • The date and time of death of deceased or Death certificate as proof.

  • Residence proof of the Deceased person (To identify the Jurisdiction of the district court).

  • The details of family members and their residential addresses.

  • Providing evidence that there is no dispute his claim as successor.

  • The Details of any debt or Security.

  • The rights of the petitioner.

  • Absence of any impediment to the grant of certificate.

Second Step. The court takes cognizance of the matter and direct for publication in a newspaper for 45 days is issued by the court. Third Step. If any person has any objection to the same they can file the opposition. Fourth Step If there is no objection, Court will provide the Hearing date and thereafter issue the succession certificate. Fifth Step. If there is any objection, Court will give the chance of hearing to both the parties and thereafter decide the rights of the parties. Sixth Step. In the meantime, court may ask the applicant to provide a bond with one or more sureties or security. Time period. It will take from 6 months to 1 year. Who Can Apply?. The legal heir of the deceased person. Validity of Succession Certificate. A succession certificate is valid through the territory of India. Revocation of Succession Certificate. As per Section 383 of the said Act, a certificate so issued may be revoked for any of the following causes:-

  • The process for obtaining the certificate was defective.

  • The certificate was obtained fraudulently.

  • The certificate becomes useless and inoperative due to circumstances.

  • Decree or order of other competent court in dealing with the debts and securities of the same deceased person renders it proper that the certificate is revoked.

  • Against an order of the District judge, in the matter of grant, refusal or revocation of certificate, a person may appeal to the appropriate High Court.

References

  1. Succession certificate under Indian Succession Act by Swathi Gorantla JCJ RAJAM https://districts.ecourts.gov.in/sites/default/files/jcj%20rajamwrkshop1.pdf

  2. https://www.indiatoday.in/information/story/how-to-get-a-succession-certificate-a-complete-guide-1602704-2019-09-25.

  3. https://cleartax.in/s/succession-certificate-format.


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