Succession Certificate

INTRODUCTION

As the nomenclature may suggest, a succession certificate is a document from which an individual derives authority to represent he deceased for the purpose of collecting

debts and securities due to them or payable in their name. It is drafted under the Indian Successions Act and is a key document in cases where there is no will. It is through this document that the heirs of a deceased can establish their claim against property.

A Succession Certificate is issued by the Magistrate, District Judge or the High Court. In most cases it is issued by a District Judge of the relevant jurisdiction, i.e., the place where the deceased ordinarily resided. However, in case where there is no such place of ordinary residence, then the courts of the area where the property in question is situated would be considered to relevant jurisdiction.

PROCESS

To obtain a succession certificate, a petition has to be filed before the District Court of the relevant jurisdiction. Such Petition has to contain the following particulars:

1. Time of death of the deceased: The time, date and place(if possible) of death has to be specified in the petition.
2. Residence and details of properties of the deceased at the time of death: The petition has to specify the residence of the deceased, along with the properties and their details, like address, etc.
3. The debts and securities of the deceased with regards to which the application ismade.
4. Details of family or other near relatives: The petitioner asserting the claim has to also mention other near relatives and family members, who may also have a claim over the deceased’s property.
5. The rights of the petitioner: The petitioner has to reason the claim and why they believe they have a right over the property.
6. Absence of any impediment to the grant of certificate: Before the grant of certificate, there should be no objection as to the issuance of such certificate. This means that if another individual, apart from the petitioner objects to the rights asserted by the latter and claims their own rights, then the certificate shall not be issued, until such arguments are heard and decided upon by the court.

ADVANTAGES / FEATURES

1. This document is extremely important for inheriting property if there is no will
2. It helps gain permanent right over property of a deceased
3. Property includes both movable and immovable.

DOCUMENTS REQUIRED

1. Death Certificate
2. Legal Heir Certificate
3. ID Proof

Documents required for succession certificate

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