Details of a Succession Certificate and Its Acquiring Process

A Succession certificate is a legal document issued by the judge of a civil court to the legal heirs of a deceased person who died without a will. It contributes to the holder the right to claim the debts, securities, and other assets of the person.  In this article, you will get information and guidance about getting a succession certificate.

What is a Succession certificate?

A Succession certificate is a legal proof a successor issued by a civil court judge of legal heirs who died without a will and leaves unclaimed property and debts. The distribution of their assets can be determined by the laws of the jurisdiction. It provides the power for the certificate owner to bargain, assign, or inherit the debts and assets of the deceased person. It contributes indemnity to all parties in terms of all payments made to or dealings had in good faith with the certificate holder. Moreover, it is necessary to pay off the deceased obligations or securities. The certificate should be in the name of the person claiming the securities or obligations. 

Eligibility for Succession Certificate

The list of persons who are eligible to apply for a succession certificate are:

• Deceased person’s legal heirs include their spouse, children, parents, and other relatives.
• A person named as the executor of the deceased person’s will
• A person granted letters of administration by the court is responsible for a certificate.

Documents Required for Succession Certificate

Here are the necessary documents required to apply for a succession certificate:

• Death certificate of the deceased person.
• Proof of relationship with the deceased person including birth certificate, marriage certificate, and so on.
• A Copy of proof of identity and address of the applicant including Voter ID card, Aadhaar card, driving license, and so on.
• The applicant should submit an affidavit to verify their status as a legal heir of the deceased person.
• A copy of the will needs to be certified by the court (if will is done)
• A copy of the letters of administration issued by the court in case of letters of administration.

Other relevant documents you may require:

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

Obtaining a succession certificate will be time-consuming and complex. It is recommended that you consult with a lawyer before filing an application and submitting the required documents. You can contact Online Legal India to get help.

Succession Certificate for Property

A Succession Certificate for Property is a legal proof issued by the court to the heirs of a deceased person. It provides the right to inherit the property of a deceased person for the named successor. It is necessary to identify the legal heir and allow them to maintain the deceased’s property, assets, and debts.

Petition for Succession Certificate

A petition for a succession certificate is a legal document filed in the court by the legal heirs of the deceased person. The petition should include the name of the deceased person, the names of the legal heirs, and the inherited property. It should be accompanied by the necessary documents, including 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

Here are the purposes of a succession certificate:

• It determines the legal heirs of the deceased individual
• It provides the right to inherit the property of the deceased person for the legal heirs
• It helps to resolve disputes over property inheritance 

Can a Succession Certificate be revoked?

A court can revoke a succession certificate in certain cases of fraud or misrepresentation for obtaining the certificate.

Rights of a Certificate Holder

A succession certificate holder has the right to:

• The right to inherit the property of the deceased person
• The right to sell, mortgage, or lease the property
• The right to collect the rent from the property
• The right to collect the profits from the property

Differences between Succession Certificate and Legal Heir Certificate

Here are the differences between a Succession Certificate and a Legal Heir Certificate:

Succession Certificate Acquiring Procedure in India

Here are the procedures for acquiring a Succession Certificate in India:

Step 1: Writing the Petition

Every applicant must prepare a petition by paying the appropriate fees in court. They should sign the document and submit it to the district judge.

Step 2: Provide the Documents to the Court

The judge will call the applicant for a preliminary hearing after receiving a petition.

Step 3: Granting the Certificate

Once an application is reviewed, the judge will examine whether the applicant is eligible to apply for the succession certificate. When the applicant completes a detailed hearing, they will be permitted to get the certificate from all involved parties.

Step 4: Submitting the bond

The district judge will demand an applicant to give one or more sureties to prevent potential losses from the inappropriate usage of a succession certificate.

Succession Certificate Format

Here is a sample of a 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.

Here are the following 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

Here are the following particulars of the applicant:

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

Here 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.

Here are the application details for the Succession Certificate under the Indian Succession Act, of 1925:

1. The regular residence of the applicants’ is at the address listed in the cause title.
2. The Applicant NO.1 is preferred as the son of a deceased person.  Applicants numbers 2 and 3 specified as the late applicant’s daughter, and applicant number 4 indicated as the late applicant’s wife.
3. The marriage date of late applicant No. 4 and the applicant.
4. The death date of a deceased person
5. Death (Person’s name) who has passed away on the same day as their mother recently
6. The person died without leaving a valid will and a thorough search for his will failed to turn up any results.
7. According to the information, applicants Nos.1 through 4 are the only living legal heirs of the deceased. It is entitled to a 100% share of its movable and immovable property as per the law of succession.
8. He created some movable assets in the latter part of his lifetime. He had bought the following shares in his lifetime.  

1. The purchasing share of the deceased remains due to the applicants. These shares contain a present value of Re. 1/-. The applicant is considered a deceased person’s legitimate heir. The applicant wishes to claim the dividend accrued on the shares and include the shares transferred into their names. The applicant needs a Succession certificate by requesting the transmission of shares in their name in a letter to the company’s nodal officer. The current application will be presented to this Honorable Court.
2. Only the applicants who are making the claim have the legal right to inherit the deceased person’s shares of the business.

9. The Hon’ble Court has the authority to grant the current application and issues.
10. It specifies that there are no issues in granting the request of an applicant for a succession certificate.
11. The applicants promise to pay the court fees.
12. The applicants confirm that no comparable applications are pending with any other court with appropriate jurisdiction.
13. This application are accompanied by the relevant court fees. This fee can be paid directly by this honorable court for the grant of a succession certificate.
     
14. Moreover,

• The current application needs approval
• A Succession certificate for the shares will be issued in favor of the applicant
• The provided application needed to be subjected to amendments and correction
• Any additional directives can be made in the name of justice, equity, as well as morality.

Date:                                                                                                                                 Applicant

VERIFICATION

I, the present applicant declare that the above-mentioned paragraphs 1 to 15 of the provided information is true and relevant according to my knowledge. I have signed the application.

Candidate’s Name

Signature

Succession Certificate Cost

A petitioner should pay a percentage of the asset’s value as court fee for the succession certificate. They should pay the cost in the form of judicial stamp papers in an amount sufficient to cover the costs. The succession certificate is typed, attested, and then submitted to the petitioner.

Conclusion

A Succession Certificate is useful to legally transfer assets, collect debts, claim benefits, and prevent disputes after the death of a person. It helps to establish the authenticity of the heirs and provides them the authority to inherit the assets. Throughout this article, you get information and guidance to acquire a Succession Certificate. If you want to file for a Succession Certificate, contact Online Legal India. They have experts to help you.