How to Obtain a Succession Certificate in India?

Navigating the legalities following the demise of a loved one can be challenging, especially when it comes to legal documentation. One such crucial document is the Succession Certificate, which is essential for the rightful heirs to claim the deceased’s debts and securities. This detailed guide aims to simplify the process of obtaining a Succession Certificate in India.

Introduction

A Succession Certificate is a legal document issued under the Indian Succession Act, 1925. It grants authority to the heirs of a deceased person to collect debts and securities owed to them, especially when the deceased has not left a will.

Why is a Succession Certificate Required?

The certificate is necessary to release legal debts and securities of the deceased, particularly in cases where the deceased did not execute a will or appoint a nominee in bank accounts or insurance policies.

Legal Framework

The Succession Certificate falls under Section 372 of the Indian Succession Act, 1925. It enables a person to apply for the certificate concerning the debt or security of the deceased who dies intestate (without a will).

Step-by-Step Procedure to Obtain a Succession Certificate

Step 1: Identify the Jurisdiction

The petition for a Succession Certificate should be filed in the district court where the deceased person ordinarily resided at the time of death. If there was no fixed place of residence, then the court within whose jurisdiction any part of the property of the deceased may be found.

Step 2: Filing the Petition

A petition must be prepared and filed in the relevant district court. This petition should include:

• Time and place of death of the deceased
• Details of the deceased’s family or other near relatives
• Rights of the petitioner
• Details of the debts and securities for which the certificate is being applied
• A declaration of the absence of any impediment to the grant of the certificate

Step 3: Court Procedure

Upon filing the petition, the district judge will conduct a preliminary hearing. If the petition is admitted, a day for the final hearing is fixed, and notices are sent to whomever the judge deems fit.

Step 4: Grant of Certificate

After hearing all concerned parties, if the judge is satisfied with the petitioner’s claim, the Succession Certificate is granted. This certificate specifies the debts and securities set forth in the application, empowering the person to receive interest or dividends or to negotiate or transfer or do both.

Step 5: Submission of Bond

The court may require the petitioner to provide a bond with one or more sureties or any other security to indemnify the persons who may be entitled to any part of the debt or securities.

Documentation Required

• Death certificate of the deceased
• Proof of relationship with the deceased
• Details of all legal heirs
• Details of the debts and securities

Court Fees and Validity

The court fee for a Succession Certificate varies by state and is usually a percentage of the value of the estate. The certificate is valid throughout India and, if issued in a foreign country by an Indian representative, must be properly stamped in accordance with the Court Fees Act, 1870.

Limitations on Succession Certificate

When applying for a Succession Certificate, it’s important to be aware of certain limitations. The court may require the petitioner to provide a bond with one or more sureties or other security. This is to ensure accountability for the debts and securities received and to indemnify any persons entitled to a share of them. This safeguard helps protect the interests of all parties involved.

If you’re curious about how a Succession Certificate differs from a Legal Heir Certificate, and when each is applicable, we recommend reading our detailed article on Understanding the Difference Between Legal Heir Certificate and Succession Certificate. This guide will provide you with a clear comparison and help you determine which certificate you may need in your specific situation.

Validity of Succession Certificate

A Succession Certificate is valid throughout India. If issued in a foreign country by an accredited Indian representative, it must be stamped in accordance with the Court Fees Act 1870 to have the same effect as a certificate granted in India. The laws governing the inheritance of movable and immovable property in India vary, depending on the applicable law, such as the Hindu Succession Act, Indian Succession Act, or community acts.

Revocation of Succession Certificate

Under Section 383 of the relevant Act, a Succession Certificate can be revoked in certain circumstances. These include a defective process for obtaining the certificate, fraudulent acquisition, the certificate becoming useless due to circumstances, or a decree or order by another competent court dealing with the debts and securities of the same deceased person. In case of an order by the District Judge regarding the grant, refusal, or revocation of the certificate, a person can appeal to the appropriate High Court.

Note: While a Succession Certificate confirms the identity of the legal heirs and establishes the absence of a will, it may not be the most appropriate document for managing properties. In such cases, a letter of administration may be required, explicitly granting a person the power to administer the property of someone who has died without leaving a will.

Conclusion

Obtaining a Succession Certificate is a crucial step in managing the assets of a deceased person. It ensures that the legal heirs can rightfully claim the deceased’s debts and securities. While the process might seem daunting, understanding the steps involved can make it manageable. It’s always advisable to seek legal assistance for a smooth process.

Frequently Asked Questions About Succession Certificates

Q1. How Long Does It Take to Receive a Succession Certificate?
Ans1. The issuance of a Succession Certificate typically takes about 45 days from filing the petition. This duration includes a period for public notice in a newspaper to allow for any objections. The court then assesses the validity of the claim before issuing the certificate.

Q2. Is the Holder of a Succession Certificate Entitled to the Deceased’s Property?
Ans2. A Succession Certificate grants authority to manage the deceased’s debts and securities. It does not confer automatic ownership of the deceased’s immovable property to the certificate holder.

Q3. What Happens When There Are Multiple Claims for a Succession Certificate?
Ans3. In scenarios with multiple claimants, the court may issue a joint Succession Certificate to all eligible claimants for each asset, ensuring collective rights to the claimants.

Q4. What Are the Charges for Obtaining a Succession Certificate?
Ans4. The fee for a Succession Certificate is determined as a percentage of the estate’s value, as per The Court Fees Act 1870, and varies by state. This fee is required to be paid in judicial stamp form.

Q5. Can the Succession Certificate Be Amended?
Ans5. If certain debts or securities are initially omitted, the holder can request an amendment or extension under Section 376. The amended certificate holds the same legal weight as the original.

Q6. Who Has the Authority to Issue a Succession Certificate?
Ans6. The district judge in the jurisdiction where the deceased resided or where their property is located (if no fixed residence) is authorized to issue a Succession Certificate.