Legal

Who Issues The Succession Certificate?

calendar02 May, 2023
timeReading Time: 5 Minutes
Who Issues The Succession Certificate?

A succession certificate proves the identity of the legitimate successor and the identity of the lawful heirs. The Successor of a Deceased Person Who Dies Without Leaving a Will Is Given This Certificate. The certificate of allegiance contains a list of the deceased’s debts, securities, and assets. The certificate gives specific details on the deceased, such as who the other living legal heirs are and what the petitioner’s relationship was to the deceased. Additionally, it includes information about the deceased’s time, date, and location of death, among other things. It indicates that the bearer of the certificate has control over the estate’s assets.

This is the main document that the heirs might use to make a claim to the assets of a deceased relative in the absence of a will. If you’re unsure of what a succession certificate is, know that it is a kind of legal recognition that allows the heirs of a deceased relative to inherit their property even in the absence of a will. Additionally, the fact that the debt he released went to a verified individual protects the payment.

 According to the Indian Succession Act of 1925, the successor would inherit both the assets and any obligations or liabilities that needed to be paid. 380, 381 and 382 are the regulating sections.

A Succession Certificate Is Issued By Whom?

 The district judge in charge of the relevant area will grant a succession certificate. Anywhere the dead person habitually resided at the time of his death—or, in the absence of such a location, anywhere any of his property may be discovered—is the relevant jurisdiction.

How Long Is The Certificate Valid?

The succession certificate is accepted across India. However, a certificate issued to a resident of a foreign nation by an Indian representative of that foreign country (as designated by the government) would only be considered authentic if it was duly stamped.

What Impact Does The Certificate Have?

This certificate’s primary goal is to safeguard all parties making debt payments when they do so in good faith. Additionally, the certificate holder has the authority to negotiate or transfer the securities specified in the certificate, as well as receive any interest or dividends on such securities. As a result, the certificate holder will be legally responsible for any payments made on the decedent’s behalf to and by him or her. The certificate holder is not always the owner of the securities or the legal successor; however, this is a common misconception. A different legal process is used to identify the actual heir or heirs. 

Which Authority Has Responsibility For Issuing Succession Certificates?

The Indian Succession Act of 1925[1] oversees the procedure and specifies the essential conditions for obtaining a succession certificate. The district judge issues a succession certificate. The applicable judge is the district judge where the deceased individual habitually resided. If no such location is available, the jurisdiction in which the deceased’s property may be discovered.

What Information Is Necessary When Applying For A Succession Certificate?

The deceased’s legitimate heirs must produce an affidavit petitioning for their claim to the property.

The petition will be filed with the district judge. The applicant must sign and verify the document. It must include the following information:

  • A copy of the death certificate is required.
  • The deceased’s usual residence before death Alternatively, if no such address is available, the specifics of his property within the jurisdiction where the petition has been filed
  • According to the Act, the address, name, and other data about the legal heir, family, or other close relatives are required.
  • Affidavits of Consent (from legal heirs other than the petitioner)
  • Any legal heir who seeks to waive his title to the inheritance must do so in an affidavit, which must include the petitioners’ names, addresses, and occupations. Copies of their identification documents,
  • The petitioner’s right must be indicated, as well as the obligations and securities for which the certificate is being sought.
  • A declaration is to be made in the absence of any basis to invalidate the certificate’s grant.
  • Securities for which the certificate is being sought.
  • A declaration is to be made in the absence of any basis to invalidate the certificate’s grant.

What Steps Must Be Taken To Receive A Succession Certificate?

If you’re wondering how to receive a succession certificate, simply follow the steps below:

  • Step 1:

After paying the required court fees, the applicant will construct a petition, verify and sign it, and submit it to the district judge in the appropriate jurisdiction. 

  • Step 2:

The District Judge will examine the application, and if it is allowed, he will set a date for the hearing and provide notice of the hearing to whoever he deems appropriate. 

  • Step 3:

After hearing from all parties involved, the judge will determine whether the applicant has the legal authority to file the application and, if so, will issue the certificate. 

  • Step 4:

The District Judge may also require the applicant to post a bond with one or more sureties or provide other security to cover any potential loss resulting from the use or misuse of the certificate.

Certificate of Succession Granted by the Court

Following the submission of the Petition to the District Judge of the District Judge:

  • Step 1:

The Petition is filed, together with the required court fees. The Court Fees Act of 1870 specifies a percentage of the estate’s worth. This will be paid for with judicial stamp papers. In India, this charge varies from state to state.

  • Step 2:

The application will be examined by the Judge. Also, make it public by publishing a notice. Also, please notify all Respondents. The notification requests objections, if any, before issuing a succession certificate. It usually gives you 45 days to file a protest with the relevant documentation. Set a hearing date after 45 days.

  • Step 3:

On the date of the hearing, the judge will decide if the applicant is eligible to apply. He will issue the certificate if he is satisfied. The debts and securities specified in the application would be specified in the certificate. It will state the authority provided to receive interest/dividends or to negotiate/transfer/both.

  • Step 4:

The Judge may also ask the Applicant to sign an Indemnity Bond in order to protect the entitled individuals. This Bond may also need the use of a Surety or other form of security. This will guarantee that no potential loss results from the use or misuse of such certificate.

Conclusion

A succession certificate is required to release the deceased’s assets, although it is not always adequate. The primary goal of this certificate has been to safeguard all parties who are paying debts. When such payments are made in good faith. The grantee also has the authority to receive any interest or dividends on the securities, as well as to negotiate or transfer them. As a result, all payments made to and by the grantee on the deceased person’s behalf are legally lawful. Legal requirements pertaining to property succession are a very intricate issue, and if you need assistance, consult with a competent legal practitioner. In the preceding blog, it was explained how to obtain a succession certificate and who may issue the certificate in accordance with the correct method, which you may obtain within a reasonable amount of time by following the procedures outlined above.

Read Our Article: Probate, Succession Certificate, & Legal Heir Certificate: Scope & Applicability

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