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Succession Certificate

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Procedure to get Succession Certificate In India

  • Definition
  • Procedure
  • Validity
  • Judgments
  • Format

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.

Procedure To Be Followed To Get Succession Certificate

  • A Petition needs to be filed before District Court Section 372 of The Indian Succession Act, 1925 in whose jurisdiction the deceased person ordinarily resided at the time of his or her death or the place within whose jurisdiction the asset of the deceased person situated.
  • A Petition must contains required details such as place and time of death of deceased, copy of death certificate; Residential details; details of property; name of heirs; rights of Petitioner etc.
  • Petition needs to be signed and verified with Affidavit under Oath in the form as prescribed by law.
  • On successful submission of petition and once court is satisfied that Petitioner has primafacie case, then court issues a Notice to all the parties in the said petition and along with that court issues a Notice in newspaper to call objections, if any. Time period of 45 days is provided.
  • On completion of time period of 45 days if no objection is received, Court passes Succession Certificate in favour of petitioner.

Court Fee

Petitioner has to pay a court fee that is calculated as fixed percentage of the values of property.

Validity Of Succession Certificate

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.

What are the services Lawyerinc offers for Succession Certificate?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Succession Certificate.
  • We have expertise in drafting and executing Succession Certificate.
  • We will get in touch with you through renounced lawyers in this field.
  • Free consultation for any enquiry that you may have about Succession Certificate.
  • Succession Certificate would be drafted by us and we will help you to execute the same.
  • You will get your Succession Certificate done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Succession Certificate and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.

Important Judgments

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.''

Frequently Asked Questions

  • 1. What if one dies without any will?

    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.

  • 2. How long does it take to get succession certificate?

    If the petition/application is not contested, it generally takes 5 to 7 months to get succession certificate.

  • 3. Is only succession certificate sufficient to release assets in bank account or I need other documents too?

    Succession certificate is mandatory requirement in case of Intestate death but it also needs to be accompanied by death certificate

  • 4. My parents die few months back and I have only one sibling. Now we want to sell property. Do we need succession certificate for the same?

    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.

  • 5. A childless widow died Intestate? Who will be the legal heirs to the property?

    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.

  • 6. Why to get Succession certificate through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence

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