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Apply for a Succession Certificate Online!

Protect unclaimed property and assets through a succession certificate. Apply right now!

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How Is A Succession Certificate Used?

For movable properties such as the PF, bank deposits, shares, and loans the
Succession Certificate is mandatory.

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Step 1

Explain your requirements

On call you can resolve all your queries on call . Vakilsearch experts will provide you clear insights regarding the facts associated with the process and will start the paperwork

Step 2

Avail succession certificate

Our attorneys will keep you updated regarding all the information and will provide the Succession certificate.

Step 3

What Is a Succession Certificate?

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 person qualifies for the legal heir certificate:

  • Wife of the deceased.
  • The youngster of the deceased.
  • Parents and siblings of the deceased.

Documents Necessary for Succession Certificate

  • An affidavit of self-undertaking
  • The applicant's identification must be verified
  • Address proof of each lawful heir's
  • Proof of each legitimate heir's birthdate
  • A copy of the dead person's death certificate
  • Death certificate for the direct legal heir who passed away
  • Proof of the deceased's residence.

What Are the Laws in India Pertaining to Succession Certificates?

In India, all succession certificate rights and legal requirements are primarily governed by the Indian Succession Act, 1925. Sections 371 and 372 deal with the application for the certificate, Section 373 deals with the procedure on the application, Section 374 deals with the contents of the certificate, and Section 379 deals with the method of collecting court fees on certificates.

The Benefits of a Succession Certificate

  • In the absence of a nomination or will, the heir to a property asset or capital instruments must prove his or her entitlement to it. In these circumstances, depending on the asset, the heir may be needed to provide an Inheritance certification or a letter of administration
  • A succession certificate is necessary for movable property such as the provident fund, bank accounts, shares, loans, or other assets
  • One must present a letter of administration in support of their claim for an immovable item, such as jewellery or land.

The Succession Certificate Petition’s Specifics

  • The petitioner must sign and attest to the accuracy of the information on the petition for the succession certificate that is delivered to the district judge
  • Date on which the deceased passed away
  • The deceased person's normal residence at the time of death; details regarding the property that is under the district judge's jurisdiction, to whom such an application is filed
  • The deceased person's family or other close relatives, together with their homes
  • The petitioner's legal rights
  • The lack of any grounds to call the certificate's issuance into question
  • The obligations and assets for which such a certificate is needed.

The Succession Certificate’s Effects

This certificate's primary goal is to safeguard all parties making debt payments when they do so in good faith. The certificate holder also has the right to acquire any interest or dividends on the securities listed in the certificate, as well as to negotiate or transfer those securities. As a result, the certificate holder will be legally responsible for all payments made on the decedent's behalf to and by him or her.

The registered person is not always the proprietor of the assets or the legal heir, despite the common misconception that this is the case. To determine who the true heir or heirs are, a new legal procedure is applied.

Differences Between Succession Certificate and Legal Heir Certificate

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

Particulars Succession Certificate Legal Heir Certificate
Applicability To 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.
Contents The applicant's relationship to the deceased as well as the list of debts and securities that are being sought A 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

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!

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