How to Procure a Succession Certificate

Updated on July 08, 2024 07:59:56 AM

A Succession Certificate is a legal document that helps to hold someone's asset who passes away without a will or nominee. Suppose an individual wants to assist a deceased person’s movable property so they need the succession certificate. This certificate plays a vital role in the smooth transfer of movable property such as stocks, equities, FDs and many more. To get the succession certificate the applicant has to deal with some legal procedure.

If you are also looking for complete information on the succession certificate so you can continue reading this article. In this article, we will know about the succession certificate and its complete procedure.

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What is a Succession Certificate?

A succession Certificate is a formal certificate issued by the court for the purpose of the succession of the movable property of a deceased person to their heirs. Section 372 of the Indian Succession Act permits an individual to apply for the succession certificate.

This certificate is mainly used to confirm the authenticity of debts, securities, and other assets left behind by the deceased. It served as evidence of the successor property and provided legal authority over the assets.

Documents for Succession Certificate

Here is the list of documents required for the succession certificate:

  • Death Certificate
  • Pan Card of all legal heirs
  • Deceased’s Ration Card
  • Address proof of all legal heirs
  • Written application form

The procedure of Letter of Administration

For procuring a Succession Certificate the applicant has to deal with the below-mentioned steps:

  1. Filing the Petition:An individual seeking a succession certificate must file a petition under section 372 of the Indian Succession Act. In this petition, the applicant has mentioned the deceased person’s death date, place of him/her, their family members and their residence.
  2. Publication of Notice in Newspaper: After getting the petition, the court examines it. When they determine that it is satisfactory, they send notices to all legal heirs and publish notices in newspapers. The other heirs have a chance to object within 45 days after the date of publication if they have any.
  3. Submission of the Court Fees:When the court examines the application, it evaluates the value of the total property. The heirs have to pay the fees to the court. These amounts are 2 to 3 percent of the complete value of the estate or assets.
  4. Grant of Succession Certificate: The succession certificate will be granted if the court does not receive an objection or claim about the petition within the allotted time.

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Conclusion

A succession Certificate is an essential legal document that aids in the succession of a deceased’s assets to their heirs. Getting the succession certificate the applicant must have complete knowledge of the process however they must consult with professional advocates. The succession certificate reduces the risk of issues and disputes by providing clarity and protection to the legal heirs.

Frequently Asked Questions (FAQs)

What is a Succession Certificate?

A succession certificate is a formal document provided by the court to facilitate the transfer of movable property owned by a deceased person's heirs.

Is a Succession Certificate mandatory?

In the circumstances when the deceased left no will, a succession certificate is required.

What documents are required for the Succession certificate?

Death Certificate, Pan Card of all legal heirs, Address proof of all legal heirs, and Written application form are the required documents for the succession certificate.

What is the fee for a Succession Certificate?

The heirs have to submit 2 to 3 percent of the total value of assets as court fees for the succession certificate.

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