A succession certificate is used to grant authority to the heirs over the debts, securities, and other assets of the deceased. This article brings to you the meaning and the procedure to get a succession certificate.
Overview:
An Intestate is a person who dies without preparing a will to describe the manner of distribution of his assets and property. In such cases, the court intervenes to grant a certificate of succession to the legal heirs of the person so deceased.
In such a situation of an intestate death, a succession certificate entitles the holder of the certificate to settle down the debts and securities and take over the remaining assets of the deceased person. Apart from the entitlement to securities and assets, a succession certificate also provides indemnity to all persons owning such debts or liabilities.
A succession certificate plays a crucial role when another legal heir contests the ownership and possession of the legal heir whose possession it continues to be. Alternately, it will be necessary if the matter goes to court. In the case of immovable assets, however, a succession certificate would be necessary for the legal heirs to administer or sell the property, even if there is no other claim.
A succession certificate requires a person to petition before the District Judge of the correct jurisdiction. Depending on the place of residence of the deceased or the place where the said property in question is located completely or partly, the court’s jurisdiction is decided.
Step-By-Step Procedure for Applying for a Succession Certificate
Step 1: To File a Petition
The legal heirs of a deceased person should file a petition to claim ownership of their assets. Under the relevant jurisdiction, this form should be completed in the authorised format and submitted to the civil court after verifying it. The petition should also include a copy of the death certificate.
The petition should mention the details written below clearly:
- The date, time, and place of death of the deceased
- Details of other legal relatives or heirs of the deceased
- A description of the residence or property of the deceased that fell within the jurisdiction of the judge at the time of death
- Petitioner’s rights
- Any missing impediment to the grant of a certificate
- Identification documents such as the Ration Card or Passport
- List of the securities or debts for which the certificate is applied for.
- A No Objection Certificate (NOC) from other legal heirs.
Step 2: To Submit the Fees
The court imposes a specific percentage of the estate’s value per The Court Fees Act, 1870. The petitioner has to pay this value in Judicial stamps.
Step 3: To Publish a Notice in the Newspaper
The court then examines the petition and makes it public through a national newspaper. The public can raise objections, if any. Also, the court notifies all other heirs and respondents. The notice gives anyone a specific period of 45 days to raise objections against the petition. The petition has to be attached with the required documents to support such a claim.
Step 4: To Receive a Certificate
If there are no claims to the ownership of the deceased person’s assets within 45 days, the court grants the petitioner the succession certificate to authenticate the established claim. The court issues a joint succession certificate in case there are multiple petitioners. However, the court issues only one certificate for a single asset.
Step 5: To Sign the Indemnity Bond
Ensure no losses occur due to the misuse of the granted succession certificate. TheIn some cases, the judge may ask the petitioner to sign an Indemnity bond. The petitioner may have to present some kind of security to the court when signing this bond.
Succession Laws
Under the Indian legal system, the property devolves according to the deceased’s religion in case of an intestate death.
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For Male Hindus (Covered Under the Hindu Succession Act; Also Includes Sikhs, Buddhists and Jains)
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- First, the property will devolve upon relatives specified in Class I
- If there is no Class I heir, then upon Class II relatives
- In case there’s no Class II heir, then upon agnates (those related to another wholly through males, whether by blood or adoption, are agnates), and
- If there is no agnate, then upon the cognates (related, by blood or adoption, but not wholly through males).
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For Female Hindu
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- First, the property will devolve upon sons and daughters (including the children of any predeceased son or daughter) and the husband in equal measure.
- Upon the husband’s heirs.
- If the husband has no heirs, then upon the parents.
- Upon the heirs of the father.
- Upon the heirs of the mother.
However, any property a female Hindu inherits from her parents shall devolve, in case she has no children (including the children of any predeceased son or daughter), upon the father’s heirs. Similarly, property inherited from in-laws shall go to the in-laws’ heirs if she dies without children or grandchildren.
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For Christians (Covered Under the Indian Succession Act)
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- The wife will receive a third of the property, and the children will receive the rest equally (including the children of any predeceased son or daughter).
- Children will share the property if there is no wife.
- Without children, the wife and the husband’s relatives share the property equally.
- Finally, it will devolve upon the parents of the deceased;
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For Parsis (Covered by the Indian Succession Act)
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- Half goes to the wife, the rest to the children.
- Children share the property equally if there is no wife.
- If neither wife nor child survives, the assets go to the deceased’s parents.
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For Muslims (Covered by Shariat)
The Qazi (judge ruling according to Islamic religious law) takes the burial expenses and lists the deceased’s assets that need to be distributed among the wife and children.
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For Hindu Undivided Family (Huf; By Survivorship)
The property of a HUF devolves by survivorship. If the Karta dies, the property devolves upon the surviving members for four generations. Although the heirs are Hindu, the property will not devolve as per the Hindu Succession Act.
However, a Class I male or female relative may make a claim on a share of the property, in which case the property would devolve upon the claimant as provided under the Hindu Succession Act.
Succession Certificate for Property
Securing a Succession Certificate for property involves a crucial legal process that designates a rightful successor to a deceased individual. Issued by a competent civil court, this certificate empowers successors to collect outstanding debts and securities owed to the deceased. It’s essential to note that while the certificate facilitates debt collection, it doesn’t confer the right to claim the deceased’s property. The certificate doesn’t ascertain the legal standing, title, or interest in a specific property or the entire estate.
In cases of intestacy, where no will exists, successors are entitled to inherit the deceased’s property. However, Section 370 of the Indian Succession Act specifies that if a valid will is in place, the entire estate vests in the executor mentioned in the will, making a succession certificate inapplicable. The District Court, within the deceased’s usual residence jurisdiction, serves as the competent authority for issuing a succession certificate under Section 371 of the Act. Understanding these legal intricacies is crucial for a smooth and lawful transition of property rights.
Succession Certificate For Movable Properties
Acquiring a Succession Certificate for movable properties is a pivotal process facilitated by the court, granting successors the right to claim assets left by a deceased individual. Vital for various financial transactions, especially with banks, this certificate becomes imperative when dealing with movable assets such as bank deposits and fixed deposits.
In cases where an individual passes away without leaving a will (intestate), the Civil Court has the authority to issue a succession certificate. This legal document serves to validate the legitimacy of heirs, empowering them to transfer deposits and other movable assets to their names. The application for this certificate is made by the beneficiaries in the court of jurisdiction aligned with the applicable laws of inheritance.
To initiate the process, beneficiaries must file for a succession certificate in the same court where the deceased resided. This certificate not only authenticates the petitioner but also grants them the authority to transfer assets to their name. It is crucial to note that the beneficiary assumes responsibility for any associated debts or securities linked to the specific property. The issuance of the document adheres to the relevant laws of inheritance and is subject to the court’s approval within its jurisdiction. Understanding and navigating this legal process is vital for a seamless transfer of movable properties.
Succession Certificate For Immovable Properties
Securing a Succession Certificate for immovable properties involves navigating intricate legal processes, especially when legal heirs are staking claim to property ownership and possession. The transfer of property titles can occur through various avenues, such as a valid Will or the Law of Natural Succession, where class I legal heirs inherit the property. Alternatively, transfer may take place during the person’s lifetime through a Gift Deed or a partition process. Once the transfer is complete, the individual gains full ownership control, and our firm provides comprehensive assistance in obtaining necessary documents and facilitating future sales, if needed.
Instances where a succession certificate is crucial include cases involving overseas citizens asserting claims to land where a parent or relative has passed away without leaving a Will. Our firm specialises in obtaining documentation for such claims, ensuring a smooth process aligned with legal requirements. Understanding the complexities, we assist individuals in obtaining legal heir certificates, offering invaluable advice throughout the application process.
When applying for a succession certificate, requisite information includes the time and proof of the deceased’s death, their place of residence, details of family and other kin, proof of the applicant’s right to be nominated as the successor, evidence that the asset isn’t under restrictive cases, and comprehensive details of any associated debt or security linked to the property. With our expertise, we guide clients through each step, ensuring a seamless and legally sound process in asserting their claims to immovable properties.
Revocation of Succession Certificate
In the intricate legal framework of inheritance in India, the revocation of a succession certificate plays a pivotal role in upholding justice during the distribution of a deceased person’s assets. This section delves into the circumstances, legal provisions, and a compelling case study illustrating the real-world implications of revoking a succession certificate.
Circumstances Under Which a Succession Certificate Can Be Revoked:
- Discovery of a Will: The emergence of a valid will post-issuance can prompt the revocation of a succession certificate, as the will takes precedence in determining asset distribution.
- Fraud or Misrepresentation: If it is established that the certificate was procured through fraudulent means or by furnishing false information, the court may revoke it to rectify the injustice.
- Improper Proceedings: If the court identifies flaws or non-compliance with legal standards in the initial proceedings leading to the certificate’s issuance, it can be revoked to ensure due process.
- Existence of a More Entitled Heir: In cases where new evidence surfaces, revealing a more rightfully entitled heir than the current certificate holder, the court may revoke the existing certificate to align with the true entitlement.
Case Study Illustration:
Consider a scenario where a succession certificate was initially granted based on incomplete information. Subsequently, a more entitled heir comes forward with substantial evidence, leading to the revocation of the existing certificate and a fair redistribution of the deceased’s assets.
Conclusion
Making a will and registering it is always beneficial to avoid the ambiguity that may arise after a person’s death. However, if the will is not made, the succession certificate plays an important role in such cases. To apply for a succession certificate in a hassle-free manner, you must get in touch with Vakilsearch.
FAQs
What is the succession certificate case law in India?
The succession certificate case law in India primarily revolves around legal precedents set by the judiciary. Notable cases such as Satyawati vs. Ratan Lal highlight the importance of a clear legal heir and the due process involved in obtaining a succession certificate.
How do I get a succession certificate with the Indian Succession Act 1925?
To obtain a succession certificate under the Indian Succession Act 1925, file a petition in the appropriate civil court. Provide necessary documents, including the deceased's death certificate, details of heirs, and a list of assets. The court will evaluate the evidence before issuing the certificate.
What are the requirements for succession?
The requirements for succession include a valid will, death certificate of the deceased, details of legal heirs, and a comprehensive list of assets and liabilities. Fulfilling these prerequisites is crucial for obtaining a succession certificate and ensuring a smooth transfer of assets.
What are the fees for obtaining a succession certificate?
The fees for obtaining a succession certificate vary based on the value of the estate and jurisdiction. Generally, the court levies a nominal fee, and additional expenses may include legal representation costs. It is advisable to check with the relevant court for the exact fee structure.
What if some debts or securities are not included in the succession certificate?
If certain debts or securities are inadvertently omitted from the succession certificate, legal recourse is available. File an application for amendment, providing the necessary documentation. The court will review the request, and upon satisfaction, issue an amended succession certificate to reflect the accurate details.
Who is authorised to issue a succession certificate?
A civil court, usually the district court or the high court, is authorised to issue a succession certificate. The jurisdiction is determined by the location of the deceased's assets. The court ensures a thorough examination of the legal heirs and assets before granting the succession certificate.
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