A crucial document issued by the Courts to legal heirs of persons who have died intestate (without a will). For Movable properties such as PF, bank deposits, Shares, and Loans the Succession Certificate is Mandatory.
A civil court judge of the relevant jurisdiction can grant a Succession Certificate to the legal heirs of an individual dying intestate, leaving behind unclaimed securities and debts. A person is deemed to have died intestate when he/she has not made a legal will. A Succession Certificate empowers the certificate holder to inherit the securities and debts of the deceased and to negotiate and/or transfer them.
The Certificate gives indemnity to all individuals having such debts or having liabilities on such securities, in regards to the payments made to or dealings made in good faith with the certificate holder. Hence, many people and organizations look for a Succession Certificate while settling the securities/debts of the deceased. The certificate should be in favour of the individual claiming such securities/debts.
Benefits of A Succession Certificate
- In the absence of nomination or will, the heir to a piece of property or financial assets is required to prove his/her claims to them. In such cases, depending on the asset, an heir might be asked to produce either a Succession Certificate or a letter of administration.
- For a movable property like the provident fund, bank deposits, shares, loans, or other securities, a Succession Certificate is required.
- For an immovable property like land or jewellery, one has to produce a letter of administration in support of his or her claim.
Checklist for obtaining A Succession Certificate
To obtain Succession Certificate,
- A petition to the district judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death, or
- If at that time the deceased did not have a fixed place of residence, a petition to the district judge within whose jurisdiction any part of the property of the deceased may be found.
How Legalkarle Helps In Procuring A Succession Certificate
Creation Of Application
We will connect you with experienced lawyers, who will prepare the application for a Succession Certificate after collecting all the required documents by our Executives
Filing Of Application
If the district judge is satisfied with the preparation of the petition, an opportunity will be granted to hear the person who, in his/her opinion, should be heard. After hearing from all parties, the judge will decide the right of the petitioner, to be granted the Succession Certificate. The judge would then pass an order to grant the certificate.
Documents required for Succession Certificate
- Death Certificate of the Deceased
- Document Proof of Properties under ownership of Deceased
- Detail of family and other relatives of Deceased
- The Right of Petitioner
- Absence of any impediment to the grant of certificate