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Succession Certificate Online

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Succession Certificate - Overview

A succession certificate may be issued by a civil court judge of the applicable jurisdiction to the legitimate heirs of a decedent who dies intestate and leaves behind unclaimed property and debts. If a person leaves no valid will behind, their death is deemed to have occurred intestate. The owner of a succession certificate has the power to bargain, assign, and/or inherit the debts and assets of the deceased.

The certificate provides indemnity to all parties in relation to payments made to or dealings conducted in good faith with the certificate holder, regardless of whether they are in debt or liable for obligations related to such securities. Therefore, a succession certificate is sometimes required for paying off the deceased's obligations or securities. The certificate must be in the person's favour who is claiming the securities or obligations.

Eligibility for Succession Certificate

The following persons are eligible to apply for a succession certificate:

  • The legal heirs of the deceased person.
  • A person who has been appointed as the executor of the deceased person's will.
  • A person who has been granted letters of administration by the court.

Documents Required for Succession Certificate

The following documents are required to apply for a succession certificate:

  • Death certificate of the deceased person.
  • Proof of relationship with the deceased person (such as birth certificate, marriage certificate, etc.).
  • Proof of identity and address of the applicant (such as voter ID card, Aadhaar card, driving license, etc.).
  • Affidavit stating that the applicant is the legal heir of the deceased person.
  • In case of a will, a copy of the will is duly probated by the court.
  • In case of letters of administration, a copy of the letters of administration issued by the court.
  • Any other document that may be relevant to the case.

The application for a succession certificate can be filed in the court of the district where the deceased person was last domiciled. The fee for a succession certificate is 3% of the total value of the property.

The process of obtaining a succession certificate can be time-consuming and complex. It is advisable to consult with a lawyer to ensure that the application is filed correctly and that all the necessary documents are submitted.

Succession Certificate for Property

A succession certificate is a legal document that is issued by a court of law to the legal heirs of a deceased person. It gives the named successors the right to inherit the property of the deceased person. A succession certificate is required in cases where the deceased person has not left a will or where the will is contested.

Petition for Succession Certificate

A petition for a succession certificate is a document that is filed in court by the legal heirs of the deceased person. The petition must state the name of the deceased person, the names of the legal heirs, and the property that is being inherited. The petition must also be accompanied by the required documents, such as the death certificate of the deceased person, proof of relationship with the deceased person, and proof of identity and address of the legal heirs.

Purpose of a Succession Certificate

The purpose of a succession certificate is to:

  • Establish the legal heirs of the deceased person.
  • Give the legal heirs the right to inherit the property of the deceased person.
  • Resolve any disputes that may arise over the inheritance of the property.

Can a Succession Certificate be Revoked?

A succession certificate can be revoked by the court in certain cases, such as if it is found that the certificate was obtained by fraud or misrepresentation.

Rights of a Certificate Holder

The holder of a succession certificate has the following rights:

  • The right to inherit the property of the deceased person.
  • The right to sell, mortgage, or lease the property.
  • The right to collect the rents and profits from the property.
  • The right to sue anyone who interferes with their right to inherit the property.

Differences Between Succession Certificate and Legal Heir Certificate

The key distinctions between a succession certificate and a legal heir certificate are as follows:

ParticularsSuccession CertificateLegal Heir Certificate
ApplicabilityTo obtain the right to seize a deceased person's debts and assets in the absence of a testament.to lodge a claim as a legitimate heir to the deceased's assets.
ContentsThe applicant's relationship to the deceased as well as the list of debts and securities that are being soughtA list of the deceased person's full legal heirs
Functionestablishes the certificate holder's right to receive the debts and assets of the deceased, and it protects the parties responsible for making debt paymentsIdentifies and establishes a deceased person's living heirs
EffectThe holder may not necessarily be the Assets primary beneficiary.The assets may be inherited by the possessor

Succession Certificate Procedure in India

Step 1: Writing the Petition

After successfully paying the appropriate fees in the court every applicant should prepare a petition. Reach out to our expert attorneys from Vakilsearch to file the petition. Sign the document and submit it to the district judge.

Step 2: Provide the documents to the court

The applicant will be called for a preliminary hearing by the judge. If the petition is admitted, he will set a date for the final hearing in relation to that petition and notify anyone else he deems appropriate of the hearing.

Step 3: Granting the certificate

The judge will decide the applicant's eligibility to apply for the succession certificate online. Subsequently the applicant will be granted the certificate after completing a detailed hearing from all the involved parties.

Step 4: Submitting the bond

In order to cover any potential losses resulting from the improper usage of a succession certificate the district judge will demand an applicant to provide one or more sureties.

Note: Any loans or stability that was not encased by the original request may be granted an extension by the district judge.

Succession Certificate Format

Here Is a Sample Succession Certificate Format in India:

[Letter head of the Court]

To Whomsoever It May Concern,

Succession Certificate No: [Insert Succession Certificate Number]

In the matter of the estate of [Name of the deceased], son/daughter of [Father's name], who died on [Date of death of the deceased], and was a resident of [Address of the deceased].

I, [Name of the applicant], the legal heir of the deceased, do hereby apply for a Succession Certificate in respect of the movable and immovable properties of the deceased, for which the deceased died intestate.

The following are the particulars of the deceased:

  • Full name of the deceased:
  • Father's name of the deceased:
  • Date of death of the deceased:
  • Last known address of the deceased:

The following are the particulars of the applicant:

  • Full name of the applicant:
  • Father's name of the applicant:
  • Address of the applicant:
  • Relationship with the deceased:

The following are the particulars of the movable and immovable properties of the deceased:

  • Description of the property:
  • Location of the property:
  • Value of the property:

I hereby declare that the above particulars are true and correct to the best of my knowledge and belief.

I, therefore, request that a Succession Certificate may be issued to me as the legal heir of the deceased in accordance with the provisions of the Indian Succession Act, 1925.

Dated this [Date] day of [Month and year]

Yours faithfully,

[Signature of the applicant]

[Full Name of the applicant]

Application for Succession Certificate Under Indian Succession Act, 1925.

MAY IT PLEASE YOUR HONOR:

The above mentioned applicants humbly request that they are

1. The applicants' regular residence is at the address listed in the cause title

2. The Applicant No. 1 is the son of a deceased person. that applicants numbers 2 and 3 are the late applicants' daughters, and applicant number 4 is the late applicants' wife

3. The day on which the late applicant No. 4 and the applicant got married

4. The deceased passed away on dd/mm/yy

5. Also passed away on the same day as the mother recently.

6. That the deceased passed away intestate and that a thorough search for his will failed to turn up any results

7. As a result, applicants Nos. 1 through 4 are the deceased's living legal heirs and are entitled to a 100% share of his movable and immovable property

8. Out of his income, he created some movable assets in the latter part of his lifetime. In his lifetime, he had bought the following shares.

The shares that the deceased purchased are due to the applicants. It is estimated that these shares have a present value of ₹ 1. The Applicants are the deceased person's legitimate heirs. The Applicants want to claim the dividend that has accrued on the shares and have the shares transferred into their names. The applicant was asked for a Succession certificate when they requested the transmission of shares in their name in a letter to the companies' nodal officer. As a result, the current application is being presented to this Honourable court

2. That nobody else besides the applicants is legally entitled to any of the aforementioned deceased person's shares of the business

3. Given that the matter is within the Hon'ble court's purview, the Hon'ble court has the authority to grant the current application and issue any orders that it deems appropriate.

4. That there is no obstacle to the granting of the applicants' request for a succession certificate

5. That the applicants promise to pay any court fees that this honourable court may order

6. That there are no comparable applications pending with any other court with appropriate jurisdiction

7. The necessary court fees have been attached to this application, and they will be paid as this honourable court may direct for the grant of a succession certificate

8. Therefore, it is humbly asked that:
    a. The current application was graciously approved
    b. A Succession Certificate for the shares be issued in the applicants' favour
    c. The provided application may be subjected to amendments and correction appropriately
    d. Any additional directives may be made in the name of justice, equity, and morality.

Date: Applicant

VERIFICATION

I XXX the present applicant assure that the information provided in the above mention paragraph 1 to 15 in this application is absolutely true and accurate to my knowledge. I have therefore signed below. The prayer before this honorable court is at paragraph 16.

(Candidate) XXX

Succession Certificate Cost

A set portion of the asset's value must be paid as court fees by the petitioner for the succession certificate. The petitioner must first pay the succession certificate cost in the form of judicial stamp papers in an amount sufficient to cover the costs. The succession certificate is then typed, attested, and given to the petitioner. You can reach out to Vakilsearch

Why Vakilsearch?

Vakilsearch has the best team of attorneys when it comes to Succession certificates. After gathering all the necessary paperwork our attorneys will complete the application for a succession certificate. An opportunity will be provided to hear the person who, in the district judge's opinion, should be heard if the district court is pleased with the petition's preparation. After hearing from all sides, the judge will decide whether or not to grant the succession certificate to the petitioner. After that, the judge would make a decision approving the certificate. Through this process our expert attorneys will stand by!

FAQs on Succession Certificate Online

The typical timeline for the court to issue a succession certificate is 6 months to 1 year. However, the actual timeline may vary depending on the complexity of the case and the workload of the court.
No, a succession certificate does not guarantee the holder will receive the deceased's estate. The succession certificate only gives the holder the right to inherit the property. The holder may still be challenged by other heirs or creditors of the deceased person.
The court will first determine the validity of each petition. If all of the petitions are valid, then the court will decide which petition has priority. The petition with priority will be granted, and the other petitions will be dismissed.
The fees for obtaining a succession certificate vary from state to state. In general, the fees are around 3% of the value of the property being inherited.
The holder of the succession certificate is only liable for the debts and securities that are specifically mentioned in the certificate. If some debts or securities are not included in the certificate, then the holder is not liable for them.
The succession certificate is issued by the court of law in the district where the deceased person was last domiciled.
Yes, a succession certificate can be challenged by any person who has an interest in the estate of the deceased person. The challenge can be made on the grounds that the certificate was obtained by fraud or misrepresentation, or that the person named in the certificate is not the rightful heir.
Proof of succession is a document that establishes the legal heirs of a deceased person. It is typically required to transfer property to the heirs. The proof of succession can be a succession certificate, a will, or a letter of administration.
Legal heirs of a deceased person must submit an application to a court with jurisdiction in order to make a succession certificate. The court will then notify all parties involved and schedule a hearing to ascertain who the legitimate heirs are. A succession certificate will be issued by the court to the person or persons entitled to inherit the decedent's property once the heirs have been located.
A succession certificate can only be filed three years after the deceased person's passing. This is a restriction.
The purpose of the succession certificate grants power and responsibility for the right individual and grants them the authority to collect the debts and assets of the deceased. Its objective is to simplify the distribution of the decedent's assets to their legitimate heirs.
The Hindu Succession Act of 1956 governs Hindu succession and inheritance. The regulations for how property will be distributed when a person passes away without leaving a Will are covered by the law of succession. The role of succession Act includes both testamentary succession and intestate succession, and is applicable to all Hindus.
The jurisdiction where the deceased person was domiciled or had their permanent residence at the time of death essentially determines the law applicable to succession. This legislation regulates the heirs' and beneficiaries' legal rights and obligations, as well as the division of the decedent's assets and property.
Property succession is crucial to ensuring that assets and wealth are transmitted in accordance with the owner's desires following their passing. This can minimise potential conflicts or legal issues over succession, assist preserve family enterprises, and give loved ones financial security.
A succession certificate typically includes information about the deceased, the legal heir chosen, the relationship between the deceased and the heir, a list of debts and assets, a grant of authority, information about the deceased's death, and a declaration of an intestate death.
A stamp costing ₹2 and stamp paper costing ₹20 are needed to issue a legal heir certificate. The cost of the succession certificate will be between 2 and 3 % of the entire property value.
A petition needs to be written and submitted to the appropriate district court in order to receive a succession certificate. The district court's relevant jurisdiction for filing a petition to request a succession certificate is the location where the decedent resided at the time of his death.
Following the filing of the application for a succession certificate, the court will notify all legal heirs and close relatives so that they have the opportunity to object if they have any concerns about the awarding of the certificate in the applicant's favour.
As an alternative to a succession certificate, a number of different documents, including a legal heirship certificate, nominations, and death certificate, may be obtained to establish an inheritance or facilitate the transfer of assets from the deceased. These documents are somewhat simpler to obtain.
A succession certificate is given to establish the legality and validity of the beneficiaries and to give them rights linked to the testator's assets and securities, whereas a legal heir certificate is given to identify the beneficiaries of the testator.
Yes, the class I legal heirs for his inheritance would include your mother (his wife or widow), you and your siblings (if any), your father's mother (if alive), widows, and children of your predeceased siblings (if any), among other persons, in accordance with the Schedule to the Indian Succession Act of 1925.
Legal heir certificates are issued by the municipal or the tehsildars and are given out within 20 days. In the event of a family member's passing, the subsequent legal heir who is directly linked to the deceased, such as his or her husband, son, daughter, or mother, may then file for the successor certificate.
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