A succession certificate is a legal document that is issued by a court to the legal heirs of a deceased person. It establishes the right of the heirs to inherit the assets of the deceased, including bank accounts, property, and other assets. The certificate is issued after the court has satisfied itself that the person applying for the certificate is the legal heir of the deceased.
The succession certificate is necessary in cases where the deceased did not leave a will or the will is deemed invalid. It is also required when the deceased left a will, but the executor named in the will is not able to perform their duties or has renounced their right to execute the will. In such cases, the legal heirs of the deceased can apply for a succession certificate to establish their right to the assets of the deceased.
To obtain a succession certificate, the legal heirs of the deceased must file an application with the court. The application must include details of the deceased, such as their name, date of birth, and date of death. The application must also include details of the legal heirs, such as their names, relationship with the deceased, and their share in the assets of the deceased.
Once the application is filed, the court will issue notices to all interested parties, including creditors of the deceased and any other potential heirs. After hearing all parties, the court will issue the succession certificate to the legal heirs of the deceased. The certificate is a legal document that establishes the right of the heirs to inherit the assets of the deceased.
Succession Certificate Procedure in India
- Identify the legal heirs: The first step is to identify the legal heirs of the deceased. Legal heirs include the spouse, children, parents, and siblings of the deceased. If the deceased left a will, the beneficiaries named in the will are also considered legal heirs.
- File an application: The legal heirs must file an application for a succession certificate with the court. The application must include details of the deceased, such as their name, date of birth, and date of death. The application must also include details of the legal heirs, such as their names, relationship with the deceased, and their share in the assets of the deceased.
- Publication of notice: The court will publish a notice in a local newspaper inviting any interested parties to come forward and make a claim to the deceased’s assets. The notice will also be posted on the court’s notice board.
- Verification of claims: The court will verify the claims of the legal heirs and any other interested parties. The court may require the legal heirs to submit additional documentation, such as the deceased’s death certificate, to establish their claim.
- Hearing: The court will hold a hearing to consider the application for the succession certificate. The legal heirs and any interested parties will be given an opportunity to present their case.
- Issuance of certificate: If the court is satisfied that the legal heirs are entitled to the deceased’s assets, it will issue a succession certificate. The certificate will specify the share of each legal heir in the assets of the deceased.
- Execution of certificate: The legal heirs can use the succession certificate to claim the assets of the deceased. The certificate can be presented to banks, government departments, and other organizations to transfer the assets to the legal heirs.
In conclusion, obtaining a succession certificate can be a complex process that involves multiple steps. It is important to ensure that all necessary documentation is submitted and that the legal heirs present a strong case to the court. With the issuance of the certificate, the legal heirs can establish their right to the assets of the deceased and claim them.