The Indian Succession Act of 1925 implies that the succession certificate is essential documentation issued by the Indian Civil courts for establishing the claim of the legal heirs when a person dies without a valid will. Read this article to learn about the succession certificate and its 12 essential points.
What Is A Succession Certificate?
The succession certificate helps determine the successor’s legal heirs and authenticity. This certificate is given to the deceased person’s successor who died without a will. The dead person’s securities, debts, and assets are mentioned. It also indicates the relation of the petitioner with a dead person. If there is no will, it is the only certificate through which the heirs can claim the assets of their dead relatives.
It is the legal term for a person dying without making any authentic will. The intestates are the whole assets or the particular ones. In a nutshell, it is the intestacy that is total or partial. Total intestacy occurs when the dead has not named any nominee to their property.
Authorities That Issue Succession Certificate
The 1925 Act of Indian Succession laid down the compulsory need for the succession certificate. If you don’t know how to probate a will, you should work with a legal advisor who can help you. The district judge issues the succession certificate.
Succession Certificate from Court
You will initially have to submit the court fees to raise the petition. The Court Fees Act of 1870 prescribes the specific percentage of the estate’s value, which has to be paid in the form of judicial stamp papers. After that, the judge will examine the application and make it public through the notice in newspapers. The judge will decide whether the applicant is within the right to apply at the hearing date. The judge may also need a sign to indemnity bond for securing the entitled persons.
Needed Particulars When Applying for Succession Certificate
The legal heirs must file the affidavit to petition their property’s claim. The petition will be made to the district judge and signed and confirmed by the candidate.
To learn what probate of a will is, many legal firms are there to help you out and can also tell you about the validity of the succession certificate. The succession certificate is valid throughout the nation and should be stamped as per the act of 1870 court fees act.
Who Can Apply for a Succession Certificate?
An adult with a stable mental state and an interest in the dead person’s estate can apply. The interest should be in the form of the relative of the dead. Minors cannot become the applicant but can be granted the succession certificate via a guardian.
What To Do If There Is More Than One Filed Application?
The judge will decide who to give the certificate to when multiple applications are filed. He will consider the interests shown by the candidate and the reasons provided, and the supportive documentation.
What If There Are Outstanding Debts?
According to Section 376, the succession certificate is extended for any debt that is not specified. If such an extension is issued, it will have a similar effect as the original one.
Documents Needed for Succession Certificate
The following are the documents needed for the succession certificate:
- Property Details of the dead person.
- Time of death.
- Address of the dead person at the time of his last moments.
- List of assets, securities, and debts.
- No objection certificates.
Revocation Of Succession Certificate
Following are instances where the succession certificate is revoked:
- If it is acquired through fraudulent activities like deceiving the court.
- If the allegation is false of being the successor.
- The certificate is not operative due to any circumstances.
Does the Certificate of Succession Ensure That the Holder Is the Beneficiary of The Estate?
No, the succession certificate gives the right to hold the dead person’s assets, debts, and securities and does not apply to the ownership of immovable properties.
These are the 12 points you should keep in mind when applying for the succession certificate for the dead person. Make sure to take the help of the legal advisor like Willjini, who will be at your aid in cases where you need more expertise.