A succession certificate is necessary in cases when there is no will. It allows whoever has it to have the power to collect debts and securities. A succession certificate is a legal document used to distribute the estate of the deceased. In general, in the absence of a will, a succession certificate is used to transfer or inherit every item that belonged to the deceased person.
The court may grant a succession certificate in the event that a person passes away without leaving a will in order to realize their debts and assets. It establishes the heirs’ legitimacy and gives them the authority to transfer securities, other assets, and obligations into their names. A civil court issues a succession certificate to the rightful heirs of a deceased person.
What Are The Regulations In India Regarding Succession Certificates?
The Indian Succession Act, 1925[1], covers the rights and legalities pertaining to the Succession Certificate in India. The following are some of its sections: Take a quick peek since you don’t need to memorise them because we are here to assist you with all succession certificate processes and procedures.
- Section 371 addresses the court’s jurisdiction to issue the certificate.
- Section 372 addresses the certificate application.
- Section 373 addresses the application procedure.
- Section 374 addresses the certificate’s contents.
- Section 379 addresses the method of collecting court costs on certificates.
Where Can Someone Apply For A Succession Certificate?
The petition for a succession certificate may be submitted before the district court under whose jurisdiction the deceased resided in accordance with Section 371 of the Indian Succession Act.
“A certificate under this Part may be issued by the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, by the District Judge within whose jurisdiction any part of the deceased’s property may be found.”
However, the petition can be filed at the district court in the location where any of the dead property is found if there is no established place of residence.
Particulars of the Succession Certificate Petition
The petition for the succession certificate must be signed and validated by the applicant and include the following information:
- The date and time of the deceased’s death
- The deceased’s ordinary abode at the time of death; and, if such an ordinary residence is unavailable, the specifics of the property under the district judge’s jurisdiction who is the target of such an application.
- The deceased’s family or other close relatives, as well as their respective addresses.
- The petitioner’s (applicant’s) rights
- The absence of any basis to invalidate the certificate’s grant
- The debts and securities in respect of which the certificate application is submitted
Required Documents for a Succession Certificate
The application process for a succession certificate is extensive. Lengthy in terms of the time it takes to issue and the problems it contains.
However, as the legal heir and entire inheritance of the deceased’s assets are dependent on this, it should be required. The papers required for submitting a petition for a succession certificate are listed as Essentials for Filing a Petition for a Succession Certificate.
- Certificate of Death
- Identification Card
- Ration card
- Application form (written or prescribed)
- Proof of the dead person’s residency (Voter ID, DL, bank pass book, etc.)
Fees for Succession Certificates
The costs for succession certificates vary depending on the value of the item in question. The court charges a specified percentage (2–3%) of the value of the securities or movable properties as a court fee for the purpose of issuing the certificate, which must be paid at the time the court issues the succession certificate.
Procedure for Filing a Succession Certificate Petition
You now have a thorough understanding of succession certificates. You understand what it is, where you may file it, which legislation regulates succession certificates in India, how much it costs, and what papers must be included with the petition. Now all you need is a step-by-step approach for applying for a succession certificate.
You may now view its step-by-step approach for acquiring a Succession Certificate in India to have a better understanding of the entire process.
- Documentation (Essentials of the Petition)
The first step in submitting a petition is to be aware of the documentation required and to have it with you. We have previously addressed the papers you will need when filing the petition; however, in the event of a spouse, minor child (under the age of 18), or parents, extra documents are required.
- Court Petition
This is important Now that you have all the required paperwork, you must file a petition for the succession certificate at the district court. If you are unfamiliar with a petition, it is a formal written request submitted to an authority or organised entity (such as a court). You are required to sign and verify the petition.
- Court Fees
You must first pay the court fees together with the petition for a succession certificate before your case is heard in District Court, where the judge will rule on a preliminary hearing.
- Newspaper Notice: Certificate of Succession Issuance
After your case is heard in district court and the judge rules that your petition is valid, a notice in the newspaper is published telling the public about the petition for the succession certificate. A period of 45 days is allowed for the successor of anybody who believes the petition is inappropriate for whatever reason.
If the court does not receive any answers and no one opposes the petition before the time limit expires, the court issues an order on the succession certificate in favour of the petitioner. The court charges a certain but appropriate proportion of the estate’s worth as the court fee for granting certification. This must be paid in the form of adequate judicial stamp papers, following which the certificate must be typed, signed, and delivered.
Case Laws
- Sona Devi vs. Estate of the Late Ajay Kumar, MA No. 463 of 2004
Where to file an application for a succession certificate, the terms “ordinarily resided” and “had no fixed place of residence”. The applicant must have transferable employment, in which case the application may be submitted either where he was most recently posted or at his current address.
- Munna Lal and Others vs. Paneychand and Others, AIR 1958
The term “actually and voluntary resides” as used in Section 20 C.P.C. was interpreted to mean that a person has his or her residence where he or she regularly resides and conducts business, not where his or her ancestors resided and left immovable property or where the person goes occasionally for weddings and other ceremonies. It does not count as his actual and voluntary residence only because he has his ancestral house there and visits it occasionally. For the purpose of identifying a person’s “ordinary place of residence,” which refers to the location where a person sleeps, eats, and drinks and not a place that he owns, the ownership of the home in which the person dwells is likewise irrelevant.
- Devesh Kumar vs. Smt. Ram Devi and Others (Allahabad High Court Case) 2012
The court below correctly determined that the court in Fatehpur has jurisdiction in the dispute since the deceased was a permanent resident of Fatehpur and left property there as well. Additionally, he claimed that the revisionist’s application for a grant of succession certificate in Etawah had been denied due to a lack of jurisdiction. As a result, he was unable to maintain that Etawah’s courts had jurisdiction over the case.
Conclusion
I hope the data presented here is helpful to judges, attorneys, law students, and other people looking for information on “Succession Certificate.” Make it clear where to submit applications for succession certificates and the steps required to get them, and make explicit the place and jurisdiction in which to submit the application for a succession certificate. The aforementioned facts and the requirements of the Indian Succession Act allow us to conclude that a succession certificate is a legal document throughout India that serves as a fast remedy and decision in succession disputes. One can obtain a succession certificate after fulfilling the requirements.
Read Our Article: How To Write An Application For Succession Certificate?
