Succession Certificate

A succession certificate is an order that is issued by the civil court or any other legal authority. It is issued to the successors of the property of the deceased person. It is issued based on an application submitted by the successors as the legal heirs to the property of the deceased. If the property owner passes away without leaving behind a will, then a succession certificate granted by the court will help the heirs to realize the assets left behind by the deceased person.

Succession certificate is issued according to the applicable law of inheritance. On production of death certificate, no-objection certificate and letter of administration, a succession certificate is issued. Succession certificate authenticates the heirs of the deceased person who are eligible to receive the assets of the deceased person.

A succession certificate is very important as it helps to transfer the assets of the deceased person to the legal heirs without any legal hassle or complications. The certificate is issued by the civil court after the legal heirs file a petition with the district court or the high court where the properties of the deceased are located or in the area where the deceased had resided.

How to Apply for succession certificate

The petition consists of the following details:

• Full name of the deceased
  
  
• Details including name and relationship of the petitioner
  
  
• Details of time, date and place of death
  
  
• Place of residence of the deceased
  
  
• Details of the family, kith and kin of the deceased, and their residential addresses
  
  
• Names of all legal heirs of the deceased
  
  
• Details of property and debts of the deceased
  
  
• The person applying for a succession certificate has to provide the following details
  
  • Proof of his rights
    
    
  • In the absence of proof of rights, he/she should establish in what capacity he/she should be nominated as the successor of the deceased person.
    
    
  • The petition should be filed along with a copy of the death certificate.
    
    
  
  

  Post application process

  • On the basis of this application, the court issues a notice in the newspapers for a stipulated period.
    
    
  • Generally, 45 days is allowed for anyone to represent against the grant of the certificate.
    
    
  • In case no one contests the petition and/or on expiry of the 45 days period, the court will pass an order for issuance of the succession certificate.
    
    
  • The court collects a fee for the certificate in the form of judicial stamp paper.
    
    
  • The whole process of getting a succession certificate takes 3-6 months.
    
    
  
  

  Succession certificate significance

  
  
  • A person who obtains the succession certificate is given the authority to represent the deceased person to collect debts and securities due to the deceased person that is payable in his/her name.
    
    
  • Transfer of property, bank accounts or securities registered in the name of the deceased can be transferred based on this certificate.
    
    
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