Succession Certificate : A Complete Guide

A succession certificate is a legal document issued by an Indian court to the legal heirs of a deceased person. It provides them with the authority to claim debts, securities, and other assets of the deceased.

If someone passes away without leaving a will (intestate), the succession certificate is crucial for the heirs to manage and inherit financial assets like bank balances, insurance policies, shares, and bonds.

The succession certificate also gives the certificate holder authority over the deceased person’s debts and securities. The payment of debts of the deceased person and also the transfer of the securities of the deceased person can be made by the certificate holder. Generally, a succession certificate is not always necessary if the deceased had a clear nomination in their service records or for certain assets, since the nomination acts as a valid discharge and makes the asset claiming process easier.

Why is a Succession Certificate Necessary?

A succession certificate serves as proof that the holder is legally entitled to the assets of the deceased. It also helps avoid fraudulent claims. Financial institutions, government bodies, and other authorities often require this document before transferring assets.

Who Can Apply for a Succession Certificate?

Any legal heir of the deceased can apply for a succession certificate. This includes:

• Spouse (husband or wife)
• Children (sons and daughters)
• Parents (mother and father)
• Siblings (in certain cases)

If multiple heirs exist, they may either apply jointly or authorize one person to apply on their behalf.

Where to Apply for a Succession Certificate?

A district judge from the appropriate jurisdiction issues a succession certificate. To acquire a succession certificate, a petition must be drafted and submitted to the appropriate district court.

The appropriate jurisdiction of the district court for submitting a request for a succession certificate is where the deceased person typically lived at the time of their death. If no such location exists, the appropriate jurisdiction would be where any property of the deceased can be located.

The application must be filed at the district court where the deceased resided or where the assets are located.

Documents Required for a Succession Certificate

To apply for a succession certificate, the applicant must submit:

• Death certificate of the deceased
• Identity proof of the applicant (Aadhar card, passport, etc.)
• Proof of relationship with the deceased
• Details of assets and liabilities
• Address proof of the deceased and applicant
• No objection certificate (NOC) from other legal heirs (if applicable)

How to get Encumbrance Certificate of Property?

How to Apply for a Succession Certificate?

Step 1: Drafting and Filing the Petition

The legal heir must file a petition in the district court, mentioning details such as:

• Name and address of the applicant
• Relationship with the deceased
• Names of other legal heirs (if any)
• List of assets and liabilities
• Purpose of obtaining the certificate

Step 2: Court Fee Payment

A court fee (calculated as a percentage of the asset value) must be paid through a judicial stamp paper.

Step 3: Public Notice Issuance

The court issues a notice in a local newspaper to invite objections from the public. If no objections arise within 45 days, the court proceeds with the case.

Step 4: Hearing and Verification

The district judge will provide a chance for the initial hearing of the petition submitted by the applicant/petitioner, and if the petition is accepted, he will set a date for the final hearing regarding it and also notify those he deems appropriate.

The judge may ask for additional documents or witness statements to verify the claim.

Step 5: Issuance of the Succession Certificate

Once satisfied, the court grants the succession certificate, empowering the applicant to manage and inherit the assets.

How Long Does It Take to Get a Succession Certificate?

The process typically takes 3 to 6 months, depending on the complexity and whether objections are raised. The district judge may also mandate the applicant to furnish a bond with one or more sureties or other security to cover any potential loss resulting from the use or misuse of that certificate.

Cost of Obtaining a Succession Certificate

The cost includes:

• Court fees (varies by state and asset value)
• Lawyer fees (optional but recommended)
• Miscellaneous expenses (stamp duty, documentation, etc.)

Difference Between a Succession Certificate and a Legal Heir Certificate

Can a Succession Certificate Be Challenged?

Yes. If someone believes the certificate was obtained fraudulently or if another heir was left out, they can challenge it in court.

What Happens If There Are Multiple Heirs?

If multiple heirs exist, they can either:

1. Apply jointly for a single certificate
2. Authorize one person to manage the assets
3. Divide assets through mutual agreement

How to Transfer Assets After Getting a Succession Certificate?

Once the certificate is obtained, the legal heir must:

• Submit it to banks, companies, and authorities where assets are held
• Request the transfer of funds, shares, or securities
• Update nominee details, if necessary

What If There Is a Will?

If the deceased left a will, the assets are distributed according to it. In such cases, a probate (court validation of the will) may be required instead of a succession certificate.

Conclusion

A succession certificate is essential when inheriting movable assets without a will. It ensures a smooth transfer of assets and prevents disputes. While the process takes time, proper documentation and legal guidance can simplify it. If you’re a legal heir, obtaining this certificate is a critical step in securing your financial rights.

FAQs

1. Can a succession certificate be used for property transfer?

No, a succession certificate is meant for movable assets like bank accounts and shares. For property, a legal heir certificate or probate is required.

2. Can I get a succession certificate without a lawyer?

Yes, but hiring a lawyer simplifies the process and reduces the chances of errors or rejections.

3. Is a succession certificate required for pension claims?

No, pension benefits are usually transferred to nominees without requiring a succession certificate.

4. What happens if there is an objection to the succession certificate?

If objections are raised, the court will hold hearings, review evidence, and make a decision. This may extend the process.

5. Can I apply online for a succession certificate?

Currently, most states require physical applications in district courts, though some regions have begun offering online services.

6. Is a succession certificate valid indefinitely?

Yes, unless it is revoked by a court due to fraud or misrepresentation.

7. Can a nominee override a succession certificate?

Yes, if a nominee is explicitly mentioned in financial documents, they usually get priority in asset transfer.

8. Can NRIs apply for a succession certificate in India?

Yes, NRIs can apply through a legal representative or directly by attending court proceedings.

9. What is the validity of a succession certificate?

A succession certificate remains valid permanently, unless challenged and revoked by a court.

10. What if multiple heirs disagree on asset distribution?

If heirs cannot agree, they may need to settle through mediation or court intervention.

Need further assistance? Consult a legal expert to navigate the succession certificate process efficiently!

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