Succession Certificate is a Legal document which is issued by the Civil Court to validate the rights of a legal heir for making a claim for the movable assets by the successors of the deceased person. The succession certificate is a valid Legal document that establishes the legitimacy of the heirs and gives them the authority to access such assets. It is governed by the Indian Succession Act, 1925 and ensures proper inheritance of financial Assets. It is issued by the appropriate civil courts in India under the relevant laws of inheritance on an application filed by the beneficiaries in a court of applicable jurisdiction for issuance of such a succession certificate.
Process of Obtaining a Succession Certificate in India
- Eligibility: Legal Heirs mentioned in the Will or Family members of the deceased can apply.
- The beneficiary must file a petition within the applicable jurisdiction to procure a certificate in a court of law.
- The certificate may be issued by a District Judge under whose jurisdiction the movable assets in question are located, or by a Judge under whose authority the deceased lived.
- The petition must specify the name of the beneficiary, his/her relationship with deceased, names of all other Class 1 Legal heirs.
- The Application petition must be supported with the death certificate of the deceased person whose assets are being asked for by the legal heirs along with relationship proof and court fees.
- The court will then notify the parties concerned and provide a time frame within which anyone might raise an objection. If no objection is raised, then the court issues a succession certificate to the beneficiary. If the objection is raised, then the due process of law is followed to check the veracity of the objections, and accordingly the decision is done.
- In the event of multiple beneficiaries, a Joint certificate is issued.
Under Indian laws, a Legal Heir Certificate is an administrative document used to simply identify the rightful successors of a deceased person. A Succession Certificate, however, is a formal judicial document issued by a civil court under the Indian Succession Act, specifically granting the legal authority to claim and manage movable assets, debts, and securities.
Legal Heir Certificate:
A Legal heir certificate is a document issued by the local authorities, the District Collector Office, to identify the rightful heirs of a deceased individual.
How to Obtain a Legal Heir Certificate:
Eligibility: Immediate family members such as the spouse, children, or parents of the deceased are eligible to apply.
Documentation: Application, Death Certificate of deceased, Identity Proof, Address Proof.
Process: Application to be submitted at the District Collector Office along with required documents.
Generally, it takes 15-30 days to get the Certificate issued.
NRI Global Services provides comprehensive services for the Indians living overseas to apply for and obtain such Succession certificates/Legal Certificate from the Judicial Courts/ Civil Authorities so that they can access the money invested by their parents into movable assets and inherit other assets. We deliver complete end to end service, from initiation to issuance, without the need for our clients having to travel to India.
How to Get Succession Certificate in India
What is Succession Certificate?
Succession Certificate is a legal document awarded by the Courts in India to the legal heirs of a person dying intestate leaving mortgages and securities. An individual is said to have passed away intestate when he/she does not leave a proper Will.
It authorizes the holder to make payment of a debt or transfer the security to the owner of a certificate without having to determine the legal heir designated to it.
It provides reimbursement to all persons owing such debts or liable on such securities on all amounts made to, or dealings had in good faith with a person to whom it was given. Hence, many organization and person request for the document before settling the debts or securities of the deceased in favour of the individual claiming such obligations.
Procedure for Obtaining Succession Certificate–
To attain this instrument a petition to the District Judge must be filed. This petition should be filed in the jurisdiction where the late person ordinarily resided at the time of his or her demise or if at that point he or she had no firm place of residence, the District Judge within whose command any part of the property of the deceased may be detected.
As per some eminent Property management lawyers following are the steps to attain the document:
- Petition for the Certificate
A petition for obtaining the instrument must include the following mentioned facts:
- Time of death of the deceased;
- Residence or details of properties of the dead at the time of
- the death and the judge and his/her jurisdiction under which it falls;
- Details of family or other near kin;
- The rights of the applicant;
- Absence of any obstacle to the grant of certificate;
- Grant of Certificate
On making the petition, if the District Judge is satisfied as to the ground of making the appeal, he/she can award an opportunity of hearing to persons who, in his/her opinion, should be heard.
After listening to all individuals, the Judge can decide the right of the applicant to be awarded the instrument. The Judge would then pass an application for the grant of instrument designating the debts and securities outlined in the application permitting the individual to receive interest or dividend or to negotiate or transfer or do both.
- Restriction on the document
A court can sometimes need a bond with one or more surety or sureties for providing an account of debts and securities received by the petitioner of the document for reimbursing the persons who may be entitled to any part of the debtor securities.
- Validity of Succession Certificate
This instrument has validity throughout India. If a license is granted in a foreign country by an Indian representation credited to that State, it should be stamped by the Court Fees Act 1870 to have the same effect in India as a document awarded in India.