SUCCESSION CERTIFICATION

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SUCCESSION CERTIFICATION

A crucial document issued by the Courts to legal heirs of persons who have died intestate (without a will).There are only three simple steps:

Lawyers

We connect you to experienced lawyers

Documentation

The documents are collected and application is filed

Certification

In six months, the certificate is granted

What is a Succession Certificate?

Succession Certificate is a certificate granted by Civil Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal will. A succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it.

The succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisations and persons request a succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities. The succession certificate is issued according to the applicable law of inheritance.

Hilight

In the absence of nomination or will, the heirs to a piece of property or financial assets are required to prove their claims to them. In such cases, depending on the asset, an heir might be asked to produce either the succession certificate or the letter of administration.

For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required. For immovable property like land or jewellery, one has to produce the letter of administration in support of his or her claim.

To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.

After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.

Advantage

CREATION OF APPLICATION

We will connect you to lawyers, who will create the application for succession certificate after collecting all the required documents.A succession certificate has validity throughout India.

FILING OF APPLICATION

If the District Judge is satisfied as to the ground of making the petition, an opportunity will be granted to hear the persons who, in his/her opinion, should be heard. After hearing all parties, the Judge will decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate.

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