Succession Certificate is basically a document which is issued by the court specifically for claiming movable properties by the successors of the deceased person. Mostly Banks don’t release funds or FDs without a Succession certificate granted to the successor. It is applied for movable assets like bank deposits, FDs etc. It is issued by a civil court to the legal heirs of the deceased person. If a person dies ‘intestate’, (without leaving a Will) a succession certificate can be granted by the Civil Court to release the debts and securities of the deceased person. It establishes the legitimacy of the heirs of the deceased and gives them the authority to get the deposits and other assets transferred in their own names. It is issued on the basis of the applicable laws of inheritance on an application filed by the beneficiaries in court of relevant jurisdiction.
Anything related to property disputes doesn’t just end with information on land or buying / selling.
The dilemma –
- Even if an overseas citizen were to know details about land that he thinks belongs to him, in many cases he finds himself in a situation where either parent or an uncle / aunt has died without making a legal will.
- Just knowing that a piece of land is his cannot help much – proper
documentation is needed to assert a claim.
- There are rules that determine the manner in which property of the
deceased is passed on to the heirs.
- It is not easy for him to understand how to get legal heir certificates.
The solution –
- The first step for any beneficiary is to file for a ‘Succession Certificate’ in the same court within whose jurisdiction the deceased person resided, to inherit the assets of the deceased or even get them transferred in his name.
- The Succession Certificate procedure implies that the court grants a document/certificate to establish the authenticity of the petitioner and
gives him the authority to have the assets transferred in his name-along
with the authority, the beneficiary will also carry with him the full
responsibility and liability of honoring any debt or security attached to
that particular property.
- For any application made by a beneficiary to a court of competent
jurisdiction, the Succession Certificate procedures for immovable
property in all cases is issued as per the applicable laws of inheritance.
The Requirements –
When a person wants to apply for a succession certificate, he or she has to submit the following required information:
- The time of the death of the deceased, or the Death Certificate as proof.
- Place of residence of the dead person or if such residence is not in the
jurisdiction of the district judge then, any other property of the deceased person falling under the jurisdiction of the district judge to whom the application for the succession certificate is made.
- The details of the family and other kith and kin of the deceased and their residential addresses.
- Proof of what right or in what capacity he should be nominated the successor of the deceased.
- Sufficient proof that the property does not fall under the restrictive cases and there is no dispute to his claim as a successor.
- Complete details if any debt or security is attached to that property.
We, with our experience of many years and our network of capable lawyers ensure that you have support at every stage of this process. Right from educating you about the basic procedures to helping you with the legal formalities in a hassle free manner, we make sure you are never left alone.