Succession Certification - Things to Remember



A succession certification is required by the family of the deceased who fails to leave behind a will at the time of his death. Such a person is considered to have been dead intestate, which further requires the members of his family to acquire the succession certificate. The certificate helps them in certifying the heir, who is legally entitled to own and claim all the assets of the deceased as per the laws of succession i.e. the laws prescribed in the Indian Succession Act of 1925. Put simply, the succession certification is needed on a mandatory basis for claiming all the assets such as the fixed deposits, bank balance, mutual fund investments and shares etc. Read on to discover more about succession certification and the important points to remember.

The Importance of Succession Certificate

As already mentioned above, a succession certification is required by the legal holder or heir for settling down all the securities and debts as well as for taking over the deceased person’s remaining assets. In India, the issuing authority of a succession certificate is the district judge. The judge must be from the same jurisdiction within the district in which the deceased individual resided. In case, such as place is not available then the jurisdiction in which any of the deceased’s property is can also be used for finding a judge and getting the certificate.


The Particulars Needed for a Succession Certificate

The deceased individual’s legal heirs need to file or move the court for an affidavit in which they must petition their claims to the deceased’s assets/property. This petition must be addressed to the judge of the district or it should be made within the High Court. It must be duly signed as well as verified by the person applying for the petition or the applicant.


Following are the details that must be included in the petition:

· A death certificate’s copy must be produced.’

· The timing of death should be clearly mentioned on the certificate.

· The residence details of the person deceased before his/her death must be included.

· Name, address and other important details about the person who would be the heir legally or the family or close relatives must be mentioned.

· No Objection Certificate or NOC from the legal heirs aside to the petitioners.

· The legal heirs who intend to relinquish their rights to the property/estate must declare the same in the affidavit.

· Petitioners’ name, occupation and address.

· Copies of the petitioners’ passports or ration card.

· The petitioner’s right must be clearly mentioned.

· The securities and debts for which the certification has been applied for.

· A declaration must be made in order to specify the absence of reasons for invalidating the certificate’s grant.


Application

In order to apply for the succession certificate, a petition as per the format prescribed should be made or filed in the Civil Court in the jurisdiction in which the deceased’s asset is situated by the heir who is making the legal claims to the asset. This petition must contain the names of the heirs. Apart from this, the details regarding time, place and date of death must also be included within the application. The death certificate’s copy should also be produced along with the application.


Newspaper Notice

After the petition has been received, the issuing court also issues a separate notice within the leading newspapers aside to a notice, which is shared with the respondents. This notice calls out for any objections in issuing the succession certificate. The notice offers 45-days period of raising any objection along with required documentary proofs.


Issuing of the Certificate

After the time period expires and when the court authorities do not receive responses or if the petition is not contested, then the court issues the succession certification to the petitioner. This usually happens in a time span of 5-7 months.


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