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Succession Certificate: Required Documents and Legal Procedures

A succession certificate is issued through the court (Indian Succession Act of 1925). It proves the entitlement of the legal heirs to the deceased's assets. The certificate is required to collect debts and securities, such as bank accounts, fixed deposits, insurance policies, and shares.

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Succession Certificate: Required Documents and Legal Procedures

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  1. NRI Legal Services - Dedicated Services for NRIs Get free legal advice on property disputes, banking and finance matters from the top property lawyers in India. The law firm provides legal services to NRIs. Thursday, November 14, 2024 Succession Certificate: Required Documents and Legal Procedures After an individual's death, their estate, including assets, debts, and liabilities, must be managed, distributed and inherited. In India, a succession certificate is an essential legal document that gives the holder the authority to oversee the deceased's debts, securities and liabilities. What is a Succession Certificate? Asuccession certificateis issued through the court (Indian Succession Act of 1925). It proves the entitlement of the legal heirs to the deceased's assets. The certificate is required to collect debts and securities, such as bank accounts, fixed deposits, insurance policies, and shares.

  2. Importance of a Succession Certificate 1.Legal Authority: Heirs get legal authority to manage, distribute and inherit the deceased's assets. 2.Clarity in Claims: This document clarifies the rightful heirs, minimizing disputes among family members. 3.Financial Transactions: Banks and institutions require this certificate to release funds or transfer the deceased's assets. Eligibility for Obtaining a Succession Certificate The following can obtain a succession certificate: 1.Class I Heirs: Spouses, children, and parents of the deceased. 2.Class II Heirs: Siblings, grandparents, and other relatives as defined by law. 3.Legal Representatives: Persons legally appointed to manage the deceased's estate. How to Obtain a Succession Certificate 1.Prepare Required Documents: Gather necessary documents, including: Death certificate of the deceased. Applicant's Identity proof and address proof. Affidavit stating the relationship with the deceased. Details of assets and debts. Will, if available (though a succession certificate is usually required even in the presence of a will). 2.File a Petition: The application for a succession certificate has to be filed in the district court of the appropriate jurisdiction where the deceased resided before the date of his/her demise. The petition should broadly include: A description of the deceased's assets and liabilities. The names and relationships of all legal heirs. An affirmation about the applicant being a legal heir.

  3. 3.Payment of Court Fees: The fee for obtaining a succession certificate varies based on the value of the estate/assets. It is calculated per the percentage of the total value of assets and may differ from state to state. 4.Court Proceedings: After filing the petition, the court will notify all legal heirs, allowing them to contest the application if necessary. If there are no objections, the court shall proceed with the required stages. 5.Issuance of Certificate: If the court finds the application valid and unopposed by any other party, it will issue the succession certificate. The certificate will detail the legal heirs and the extent of their share in the deceased's estate. Documents required for Succession Certificate: Here's a list of documents required to obtain a succession certificate. 1. Death Certificate The deceased's original death certificate issued by a relevant authority. 2. Application/Petition A duly filled application or petition seeking the succession certificate should include details of the deceased and the legal heirs, along with the assets being claimed by the legal heirs of the deceased. 3. Identity Proof of Applicant Any Identity proof issued by the government (like the applicant's Aadhaar card, voter ID, or passport). An NRI might not be eligible for the above IDs, so an OCI (Overseas Citizen of India) card shall be valid ID proof. 4. Address Proof of Applicant Proof of residence of the applicant, with current address, which can be a utility bill, rental agreement, driving license or any such government document. Duration of the Process

  4. The duration of obtaining a succession certificate can vary. It is based on the complexity of the case and the court's schedule. The whole procedure takes up to 8 months to a year. Tips to Navigate the Application Process 1.Consult a Lawyer: Engaging a legal professional assist in handling the complexities of the application process. They can ensure that all documents are in order. 2.Maintaining Records: Maintaining a copy of all the documents that have been submitted and received, including court orders, is important for further correspondence with authorities. Such record maintenance assists in keeping the process organized and helps to avoid potential issues. Conclusion A succession certificate is essential in managing a deceased person's estate in India. The process is intimidating, but if you have an understanding about the steps, an NRI can manage it with ease. Ensuring all necessary documents are in place and seeking legal advice if needed, heirs can navigate the process effectively.

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