A state court judge of competent jurisdiction may issue a succession certificate to the rightful heirs of a decedent who dies intestate and leaves unclaimed property and debts. If a person dies without leaving a valid will, their death is considered intestate. The holder of a succession certificate has the authority to bargain, assign, and/or inherit the deceased’s debts and assets.
As a result, a succession certificate may be necessary in order to pay off the deceased’s debts or securities. The claimant of the securities or obligations must be the beneficiary of the certificate. Regardless of whether they are in debt or accountable for obligations relating to such securities, the certificate offers indemnification to all parties in regards to payments made to or dealings performed in good faith with the certificate holder.
What Is The Meaning Of A Succession Certificate?
A “succession certificate” is a legal document that a court of law provides to a deceased person’s legitimate heirs. The document proves the lawful heirs’ right to inherit the dead person’s possessions. The court issues the certificate when the legal heirs produce adequate proof to demonstrate their claim to the assets.
Succession Certificate Eligibility
For the succession certificate, the following person is eligible:
- The deceased’s wife.
- The dead person’s child.
- Sibling and parents of the deceased.
Required Documents for a Succession Certificate
- A self-undertaking affidavit
- The attested signature of the applicant must be confirmed.
- Address evidence of each rightful heir’s
- A duplicate of the deceased’s death certificate
- Death certificate for the deceased’s direct legal heir
- Evidence of the deceased’s house.
Legal Heir Certificate and Succession Certificate Differences
The following are the main differences between a succession certificate and a legal heir certificate:
|Specifications||Heir Certificate||Legal Succession Certificate|
|Applicability||obtaining the authority to seize a decedent’s assets and debts in the absence of a will.||to make a legitimate heir claim for the deceased’s property.|
|Function.||ensures the certificate holder’s entitlement to the decedent’s debts and assets and safeguards the parties liable for debt repayment||determines and establishes the live heirs of a deceased individual|
|Contents||Relationship of the applicant to the decedent, list of debts, and list of securities that are being sought||An inventory of the decedent’s entire legal heirs|
|Effect||The principal beneficiary of the Assets need not always be the Holder.||The owner of the assets may inherit them.|
How to Write a Succession Certificate Application?
The Steps Involved In Creating A Succession Certificate Application
- Step 1: Drafting the Petition
The creation of a petition is the first stage in preparing an application for a succession certificate. The petition has to contain the information below:
- Deceased Person’s Details: The application should begin with the deceased person’s details, such as name, date of birth, date of death, and site of death.
- Legal Heirs’ Information: The application should include the names, residences, and other pertinent information about the legal heirs. The legal heirs should be listed in the order of their right to the dead person’s assets.
- Details of the Deceased Person’s Assets: The application should include information about the deceased person’s assets, such as bank accounts, property, investments, and any other assets.
- Reasons for Requesting the Succession Certificate: The application should include why the legal heirs want the succession certificate. The justifications may differ based on the facts of the situation. For example, the legal heirs may request the succession certificate in order to transfer the deceased person’s bank accounts to their own names or to sell the deceased person’s possessions.
- Verification: The application must be signed by the legal heirs and backed up by an affidavit.
- Step 2: Attach Any Necessary Documentation
Gather the necessary documentation. Gather the necessary documents before you begin writing the application. The materials you must provide with your application may differ based on the court’s rules and regulations. In general, you may be required to provide the following documents:
- After the application has been written, it must have supporting documents attached. One of the supporting documents might be the deceased’s death certificate.
- The petitioner’s identity and residence must be verified.
- Evidence of the petitioner’s link to the dead
- Information about the decedent’s assets, including bank records, title documents, etc.
- Any more pertinent records, such as a will or other testamentary document.
- Step 3: Format of the Application
The applications format Written on a piece of plain white paper, the succession certificate application must be submitted. The application must be typewritten in English or the language used for judicial proceedings. Times New Roman should be used as the font style, with a font size of 12. The application must include the name and address of the appropriate court and be submitted to it.
- Step 4: Submitting an Application
When the application and supporting documents are complete, the application is filed in the appropriate court. The application must be submitted in the court with jurisdiction over the deceased’s last known residence. The filing fee for the application varies by state and must be paid at the time of filing.
- Step 5: Proceedings
Following the application’s submission, the court will notify the deceased person’s legitimate heirs and give them the chance to object. The court will also appoint a commissioner to look into the decedent’s assets and provide a report.
The court will hear the matter when the inquiry is finished and decide whether or not to grant the succession certificate. The succession certificate will be issued by the court if it is convinced that the petitioner has a right to inherit the decedent’s property.
Important Points to Note
While drafting an application for a succession certificate, there are a few key points that must be made. These consist of:
- The application must be submitted within six months of the dead person’s death date.
- The application must be filed in the court where the decedent maintained a home.
- The legal successor of the deceased should submit the application.
- The deceased’s death certificate must be submitted with the application.
- Information about the obligations and assets the deceased left behind should be included with the application.
- The application must be submitted with the names and addresses of the deceased’s legitimate heirs.
Format for a Succession Certificate
Here is an example of a succession certificate in India’s format:
To Whom It May Concern
Succession Certificate No. : [Insert Succession Certificate Number]
Regarding the estate of [Name of the Deceased], son or daughter of [Father’s name], who passed away on [Death Date of the Deceased] and resided at [Dead Person’s Address].
In regards to the deceased’s movable and immovable property, for which the deceased died intestate, I, [Name of the Applicant], the legal heir of the deceased, do hereby apply for a Succession Certificate.
The Dead Person’s Details Are As Follows:
- The deceased’s whole name is:
- The deceased’s father’s name:
- The deceased’s death date:
- The deceased’s last known address was:
The Applicant’s Information Is As Follows:
- Applicant’s full name:
- The applicant’s father’s name:
- The applicant’s address is:
- The relation to the deceased:
The Particulars Of The Deceased’s Moveable And Immovable Property Are As Follows:
- The property’s description:
- Where the property is located:
- The property’s worth:
I hereby certify that, to the best of my knowledge and belief, the information above is true and accurate.
As the deceased’s legitimate heir, I hereby ask that a Succession Certificate be issued to me in accordance with the Indian Succession Act, 1925.
This [Date] day of [Month and Year] is dated.
[Applicant’s Full Name]
Succession Certificate Application under the Indian Succession Act, 1925
May It Appeal To Your Honour?
The applicants respectfully beg that they be:
- The applicants’ normal abode is at the location given in the cause title
- Applicant No. 1 is the son of a dead individual. that applicants 2 and 3 are the daughters of the late applicants, and applicant 4 is the late applicants’ wife
- The date of the marriage between the applicant and the late applicant No. 4
- On dd/mm/yy, the dead died away.
- Recently died away on the mother’s anniversary.
- That the decedent died intestate and no trace of his will could be found despite a diligent investigation.
- Therefore, as the deceased’s living legal heirs, applicants Nos. 1 through 4 are entitled to a 100% share of his personal property, both movable and immovable.
- In the later years of his life, he produced some moveable assets out of his income. He had purchased the following shares during his lifetime.
|S. NO.||Foilo No||The company’s name||No. of the share certificate||distinct names||Shares provided||Current value of shares|
The applicants are entitled to the shares that the deceased acquired. These shares are thought to have a current value of about 1. The Applicants are the rightful heirs of the decedent. The Applicants want the shares transferred into their names and the dividend that has accumulated on the shares claimed.
- When the applicant sought the transfer of shares into their name in a letter to the firms’ nodal officer, they were asked for a Succession certificate. As a result, this Honourable court is being presented with the current application.
- That the applicants are the only people with the legal right to any of the aforementioned deceased person’s shares in the company.
- The Hon’ble court has the power to approve the current application and make any directions it sees fit because the case is under its jurisdiction.
- That there are no barriers preventing the applicants’ request for a succession certificate from being granted.
- The pledge of the petitioners to pay whatever court costs this honourable court may impose.
- That no similar applications are pending with any other court that has the necessary authority.
- The required court costs are included with this application and will be paid in accordance with any instructions this honourable court issues for the issuance of a succession certificate.
- In light of the foregoing, it is respectfully requested that:
- The current application be graciously approved
- A Succession Certificate for the shares be issued in the applicants’ favour
- The provided application may be subject to appropriate amendments and corrections
- Any additional directives may be made in the name of justice, equity, and morality.
I, the applicant, XXX, certify that, to the best of my knowledge, the information provided in the aforementioned paragraphs 1 through ___in this application is entirely true and accurate. I have so signed on the document below. The prayer submitted to this court is found at paragraph __.
(Candidate name and signature)
In addition to obtaining a succession certificate, the legal heirs might also need to take other legal measures to transfer the deceased person’s assets into their own names. For instance, if the decedent left a will, they could need to ask the court for a formal order. They may also need a mutation order from the tax collecting authorities in order to transfer ownership of the dead person’s property. Getting a succession certificate is an essential first step in demonstrating the lawful heirs’ claim to the decedent’s property. The application for a succession certificate has to be correctly formatted and contain all necessary documentation. The procedure of requesting a succession certificate is very legal, thus it is crucial to adhere to the laws and guidelines of the court where the application is being made. To prepare the application and defend the petitioner in court, it is advisable to use legal counsel. A succession certificate may be acquired with the proper approach, guaranteeing that the deceased’s assets are divided in line with their preferences.
Read Our Article: Who Issues The Succession Certificate?