Succession Certificate: An Introduction
A succession certificate is a certificate which is given to the successor of a deceased person who has not prepared a will. It is a document through which the disposition of the property of deceased is made. This certificate is given under section 370-390 of the Indian Succession Act, 1925. The Indian Succession Act, 1925 defines a succession certificate as a certificate issued by a court to the legal heirs of a deceased to establish the authenticity of the heirs and give them the authority to inherit debts, securities and other assets of the deceased.
When the owner of a property dies intestate, to clearly outline the successor of the deceased, the family needs to obtain a succession certificate. The person who holds the succession certificate can take on the responsibilities tied to the assets and debts of the deceased person.
Why do you Need a Succession Certificate?
A succession certificate is required by the legal heirs of a person who dies intestate, leaving no legal will behind. The succession certificate is used to prove that the person who is petitioning to take ownership of the deceased person’s property is the rightful legal heir. After thorough checks, a competent civil court will determine whether the petitioner can be granted the succession certificate. This succession certificate is required when a person inherits movable or immovable property under the country’s property laws such as the Hindu Succession Act, Indian Succession Act or other community acts.
How to file a succession suit?
To obtain a succession certificate, a petition is filed with the District Judge of the jurisdiction in which the deceased person resided at the time of their death. If the deceased person had no fixed place of residence at the time of his death, the petition must be filed with the District Judge of the jurisdiction in which any part of their property may be found.
Procedure to obtain a succession certificate:-
After a legal petition is filed in court to obtain the succession certificate, the court takes the matter further by doing the necessary steps to verify and authenticate the request.
A legal heir who wants to claim ownership of the assets left by a deceased person, needs to file an affidavit in the proper format petitioning claim to the property. This petition is verified in the civil court in the appropriate jurisdiction. If any legal heir wants to relinquish their right to the property, it must be mentioned in the affidavit. A copy of the death certificate of the deceased person should be included with the affidavit.
The petition should include the following details:-
- Time, date, and place regarding the death of the deceased person.
- Names of other legal relatives or heirs and their details
- The residence and the details of the properties owned by the deceased person and the jurisdiction those fall under.
- The rights of the petitioner.
- Details of an absence of any impediment to granting of the succession certificate.
- Copies of ration cards or passports for identification purposes.
- Details of the debts or securities for which the succession certificate has been applied.
- No objection certificates from the other legal heirs if any.
Fee for a succession certificate:-
The fee for obtaining a succession certification is determined as a specific percentage of the value of the estate. The percentage can vary according to the state of the country but it is usually estimated at about 2-3% of the estate’s value. This fee is imposed by the court and paid by the person who is making the petition in judicial stamps. This is in accordance with The Court Fees Act, 1870.
What documents are required for a succession certificate?
There are many details and documents that a court requires before it can issue a succession certificate. These are needed to verify the claimed ownership by the petitioner. Listed below are the required details and documents needed to obtain a succession certificate. These should be verified and attached with the petition.
- Time of the death of the person who is deceased
- Address of the deceased person at the time of death
- Property details of the person who is deceased
- List of assets, debts and securities of the person who is deceased
- Family details of the person who is deceased
- Full details of the legal heirs of the person who is deceased
- The rights of the petitioner of the succession certificate
- No Objection Certificates from other legal heirs
Validity of a Succession Certificate
If a succession certificate is granted in India, it is valid in the entire country. If a succession certificate is granted in a country other than India by an Indian representation accredited to that State, it needs to be stamped in accordance with the Court Fees Act 1870. When a succession certificate is stamped in accordance with Court Fees Act, 1870 it has the same impact within India as a succession certificate that has been granted in India.
Format of a Succession Certificate
A succession certificate includes a petition number, the names of petitioners and the address, the date of the institution, date of the decision, and for what the petitioner has been granted the authority and for what specific purpose. For example, the purpose of collecting debts owed to the person who is deceased or to change the gas connection ownership.