Succession Certificate

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SUCCESSION CERTIFICATE

A succession certificate is a certificate given to the successor of a deceased person who failed to prepare a will to establish the entitlement of the successor, and also to grant successor an authority over the deceased person’s debts and securities. The payment of debts of the deceased person and the transfer of the securities of the deceased person can be made by the successor even before the legal heir to the property of the deceased is established.

A succession certificate is issued by the district judge having pertinent jurisdiction. The relevant jurisdiction is where the deceased person ordinarily resided at the time of his death or if no such place is available, the jurisdiction within which the property belonging to the deceased may be situated.

In following cases succession certificate is obtained:

Probate or letters of administration are not required

When deceased is a Christian

Deceased is a Mohammaden

When a deceased is a Hindu who has left a Will; however, the probate is not compulsory under the applicable law

In case of a joint family property under Hindu Law.

A person having sound mind, being a major and having an interest in the property of the deceased can make this application.

Procedure for Obtaining Succession Certificate

Petition:

A duly signed and verified application must be made to the civil court of competent jurisdiction.

Petition:

In the petition should contain, details like petitioner’s name, name of legal heirs of deceased, relationship of the petitioner with deceased, right of petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to be mentioned.

Fees:

According to Schedule II of The Court Fees Act, 1870, certain amount is levied as court fee for this process. Stamp Duty may vary from state to state.

Process

A newspaper notice for 45 days is issued by the court. Any person having problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate. This process takes five to seven months.

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