Succession Certificate
A Succession Certificate is a legal document that is granted by Civil Court to the legal heirs of deceased person who dies intestate or without leaving a Will/testament.
In certain cases where person died intestate, legal heirs need to get Succession Certificate from court in order to certify that who is entitled to claim the property/assets as per the provisions of Succession laws prevalent in India. Court grants the same in order to realize the debts and securities of the deceased. A succession certificate is effect throughout India as per section 380 of The Indian Succession Act, 1925.
Petitioner has to pay a court fee that is calculated as fixed percentage of the values of property.
A succession certificate is legally throughout India. If Succession certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect over there as a certificate granted in India.
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In “Muthia vs Ramnatham, 1918” it was held by Hon’ble court that
“the grant of certificate gives to the grantee a title to recover the debt due to the deceased, and payment to the grantee is a good discharge of the debt.''
In “Paramananda Chary vs Veerappan, AIR 1928”, it was held that ''The grant of succession certificate is conclusive against the debtor. Even if another person turns out to be the heir of the deceased, it does not follow that the certificate is invalid.''
If one died Intestate, his property will be equally distributed amongst the family members as per the personal/state law of the deceased without any regard to the real intention of the deceased person. Or he has to proceed to get succession certificate from court.
If the petition/application is not contested, it generally takes 5 to 7 months to get succession certificate.
Succession certificate is mandatory requirement in case of Intestate death but it also needs to be accompanied by death certificate
Being the only legal heirs of the property, you may sell their immovable property without obtaining a succession certificate if there is no dispute between the parties. But it is recommended that to mutate the property in your names first for that you are required to execute an affidavit before the judicial magistrate.
A childless widow if dies intestate and she inherited the property from her husband, it will pass to her husband’s heirs as per Sections 15 and 16 of the Hindu Succession Act, 1956.
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