A succession certificate is a legal document that is issued by a court in India and it certifies the legal right of a person to inherit the property of a deceased person. The certificate is essential in the transfer of assets from the deceased person to the inheritor and it acts as evidence of the inheritor’s title to the property.
The following documents required for succession certificate in India:
- Death certificate of the deceased person: The death certificate must be an original copy, issued by the Registrar of Births and Deaths, and it must have the date of death and cause of death.
- Will of the deceased person (if any): If the deceased person has left behind a will, it must be submitted along with the application for the succession certificate.
- Affidavit of the applicant: The applicant must provide an affidavit, swearing to the accuracy of the information provided in the application. The affidavit must also state the relationship of the applicant to the deceased person and the reason for the grant of the succession certificate.
- Proof of residency of the deceased person: The applicant must provide proof of the deceased person’s residency, such as an electricity bill or a rent agreement.
- Proof of identity of the applicant: The applicant must provide proof of identity, such as a passport or a PAN card.
- Tax clearance certificate of the deceased person: The applicant must provide a tax clearance certificate, issued by the Income Tax Department, which certifies that all taxes due from the deceased person have been paid.
- List of legal heirs: The applicant must provide a list of all the legal heirs of the deceased person, including their name, address, and relationship to the deceased person.
- Bank statements of the deceased person: The applicant must provide bank statements of the deceased person for the past six months.
- Newspaper advertisement: The applicant must publish a notice in two local newspapers, one in English and the other in the regional language of the area, inviting objections to the grant of the succession certificate.
- No Objection Certificate (NOC) from other legal heirs: If there are other legal heirs, the applicant must obtain a No Objection Certificate from each of them, stating that they have no objections to the grant of the succession certificate to the applicant.
Once the above-mentioned documents have been submitted, the court will conduct a hearing to determine the validity of the claim and to examine any objections raised by other parties. If the court is satisfied with the documents and the information provided, it will grant the succession certificate.
It is important to note that the process of obtaining a succession certificate can be complex and time-consuming, and it is advisable to seek the assistance of a lawyer who is familiar with the laws and procedures in the jurisdiction where the property is located.
In conclusion, a succession certificate is a crucial document in the transfer of assets from a deceased person to an inheritor. The process of obtaining a succession certificate can be complex and time-consuming, but it is essential to ensure that the transfer of assets is carried out legally and smoothly. By ensuring that all the required documents are in order, the applicant can minimize the chances of delays or complications in the process.