A Eligible to Get a Succession Documents that allows the person who obtains it to act in the place of the deceased to collect debts and securities owed to them or payable in their name. In this article, you may learn more about what a succession Documents is, when is a succession Documents required, who can apply for it, fees, and more.
A succession Documents is a legal document that is required when someone passes away without leaving a will. It grants the person who has it the authority to collect debts and securities. A succession document is a document that specifies how the deceased’s property will be distributed. However, a major difference between a succession document and a legal heir certificate exists.
In general, a succession documents is used in the absence of a will to transfer or inherit all of the deceased person’s possessions. If a person dies without leaving a will, the court may give a succession document to realize the deceased’s debts and securities. It verifies the heirs’ legitimacy and grants them the power to transfer securities and other assets into their names, as well as inherit debts. A civil court issues a succession document to the legal heirs of a deceased person.
When Do You Require a Succession Document?
In general, a succession document is used in the absence of a will to transfer or inherit all of the deceased person’s possessions. Under the numerous property laws in the country, a succession document is necessary when someone inherits any immovable or movable property. The Hindu Succession Act covers the majority of these difficulties. While some are covered by communal legislation or the Indian Succession Act, others are not.
Who Is Eligible to Get a Succession Document?
A succession document can only be applied for by legal heirs. If a family member or household head dies, the deceased’s next direct legal heir, such as the deceased’s wife, spouse, son, daughter, or mother, can apply for a succession document.
Who Can Issue a Succession Document?
A succession certificate is issued by the District Judge of the appropriate jurisdiction where the deceased individual was living at the time of death. Assume that the authorities are unable to discover such a site. In that instance, jurisdiction is transferred to the location where the assets of the deceased individual may be found.
The petition for a succession document can be submitted before the District Court in the jurisdiction of the deceased, according to Section 371 of the Indian Succession Act. If there is no established address, the petition can be filed at the district court of the location where any of the deceased person’s property is discovered.
What Is the Process to Obtain a Succession Document?
The legal process of obtaining a succession document involves the steps listed below:
Step 1: The documents are collected
Step 2: Fee is paid to the court
Step 3: The petition is sent to the court
Step 4: A notice is published in the newspaper
Step 5: The certificate is granted.
To apply for a succession Document, you will need the following documents
A succession document can be obtained by submitting the following documents:
- Death certificate
- Ration card
- Identity card
- Application form
- Proof of residence (of the deceased)
What Is the Fee for a Succession?
The cost of succession document varies depending on the value of the assets in the case. For the purpose of issuance of the certificate, the court charges a specified percentage of the value of the securities or movable properties as a court fee, which must be paid at the time the court grants the succession Document
Can a Succession Document Be Challenged or Revoked?
A succession document can be cancelled in any of the following circumstances:
- The proceedings to obtain the certificate were deficient in substance
- The certificate was obtained illegally by false suggestion or concealment from the court
- The certificate was obtained by making an inaccurate allegation of a fact necessary in law to support its grant
- The certificate has become useless and inoperative as a result of circumstances
- A decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate be revoked.
Takeaway
The succession document identifies the legal heirs of the deceased, making it a crucial document. The certificate holder gets the right to not only claim the deceased person’s property and assets but also take the role of the deceased’s representative in collecting debts and securities owed to him or payable in his name. Vakilsearch is the leading online legal service provider. If you are in need of a succession document, simply go to our website and type in ‘success certificate’ in the search box. If you fill out the form on the website, a legal expert will contact you as soon as possible.
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