In accordance with the Indian Succession Act, a succession certificate is a document that enables someone to represent a deceased person in relation to debts and securities that are due to or payable on his behalf, based on his will.
In the absence of a will, an inheritance certificate acts as a cue to allow the heirs to claim the assets of the deceased relative in the relevant jurisdiction. As for immovable property, there are documents such as gift deeds on hand when it comes to transferring ownership. In order to secure the debts and securities of the deceased, a person must obtain and maintain a certificate of death. Upon the issuance of the succession certificates, the beneficiary does not have the absolute right to succession over the deceased’s property. A succession certificate does not determine the right, title, or interest of a deceased individual to a specific property or to the entire property after death. After the death of an intestate person, the successor is entitled to inherit all the assets of the deceased person in lieu of the deceased.
Do you need a Succession Certificate?
In the unfortunate event that the individual’s family members pass away without an intestate will in their generation, the individual will need a Succession Certificate. The Succession Certificate serves as a legal document, which serves as a means of securing the debts and securities of the deceased through the settlement of his or her affairs in the event that he or she leaves no Will behind.
GET A SUCCESS CERTIFICATE
- Document preparation: As part of the process, you must collect documents such as the death certificate of the deceased, the person’s identity card, the ration card of the legal heirs, and any other documents the lawyer suggests that you collect from the deceased.
- Drafting of Petition: A petition for succession certificate includes details such as the time of death of the deceased, residence or details of properties of the deceased at the time of death, details of family or other near relatives, and others. It is best advised to find legal help in order to create the petition, because if anything goes amiss, it may have serious consequences.
- Court visit and submission: A lawyer will inform you of the date of the court visit when the petition is filed in a court of competent jurisdiction.
- Certificates granted: During the hearing process, the judge is then required to decide if the petitioner is entitled to be granted the succession certificate after hearing all the parties.
Obtaining a certificate petition
A petition for the issuance of a succession certificate must contain the following information:
- In the event that a deceased individual died at a specific time;
- A description of the deceased’s residence at the time of death, or the details of the deceased’s properties; the location within which the judge’s jurisdiction falls;
- Information about an individual’s family or others who are close to them;
- Know your petitioner’s rights;
- Obtaining the certificate without impediments;
After making the petition, the District Judge, if satisfied with the grounds, can grant a hearing to those he or she believes should be heard. When the petitioner has been heard by all parties, the Judge can decide whether or not he or she has the right to request the succession certificate that was requested. A Judge will then pass an order granting the applicant the right to receive interest or dividends on the debts or securities set forth in the application, or they can negotiate, transfer or do both by passing an order granting the order.
Certificate In certain cases, a court may require the petitioner of succession to provide a bond accompanied by a surety or sureties or any other security in order to provide a detailed account of the debts and security received by the petitioner and indemnify the persons who may be entitled to any part of the debt or security.