Dated: 2024-04-20 10:29:46
WHAT IS THE PROCEDURE FOR OBTAINING SUCCESSION CERTIFICATE IN INDIA?What is Succession Certificate?
A certificate which is granted by the Courts in India to the legal heirs of a person who is dying intestate leaving behind formalities like realization of debts and securities, transferring of assets and inheriting debts to realize the debts and securities of the deceased, is known as Succession Certificate. A person is said to die intestate when he/she does not leave a Legal Will. Succession Certificate helps the holder to establish himself as a legitimate heir to the deceased.
Procedure
1. Petition: Succession Certificate can be acquired by filing a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
The petition should contain the following details:
2. Fee: A certain amount of fee is levied as a court fee for this process as mentioned in Schedule II of The Court Fees Act, 1870. Though stamp Duty may vary from state to state.
3. Notice: Court then issues a notice in the newspaper for 45 days. Any person who is not so satisfied with the notice has a right to file objections. If the court doesn’t receive any objection, it issues Succession Certificate. This process usually takes five to seven months.
Documents required for obtaining Succession Certificate:
Documents that are required for applying for the Succession Certificate are mentioned below:
(i) Death certificate
(ii) Pan Card of all the legal heirs .
(iii) Ration card of all the legal heirs.
(iv) Prescribed application form by affixing a court fee stamp.
Letter of Administration
If a person dies intestate before administration of estate is entrusted to someone or when there is no appointment of the executor under the will of deceased or when an executor is appointed yet he declines to act, then Letters of administration may be issued to entitle the administrator to all rights required for effective administration of the estate of deceased.
An application in this regard, is to be filed before a Civil Court of competent jurisdiction which will then appoint the Administrator to dispose off the debts.
How to apply for Letter of Administration?
1. Application
a. Schedule VII of Indian Succession Act, 1925 contains Form for the grant of Letters of Administration. This application can be made after 14 days of the demise of deceased. The court then grants the letter to beneficiary on being satisfied and if no one applies, it may be granted to the creditor of the deceased.
b. Will has to be duly executed and name of the petitioner must be on it. Details like time of death, amounts of assets have to be mentioned.
Minal B Khona