How to procure a succession certificate and legal heir certificate

Succession Certificate

According to the Indian Succession Act, 1925 a succession certificate is characterized as a certificate issued through a court towards the legal heirs of a deceased individual to establish the legitimacy of the heirs and provide them the power towards inheriting shares, securities, debts and other assets of the deceased. The main purpose of a succession certificate is limited with regard to shares, securities, debts as well as provident fund, deposits in banks, insurance, or any additional security of the central government or the state government towards which the deceased individual was entitled to. The fundamental objective of the succession certificate is towards facilitating the collection of the debts on succession as well as give protection to the individuals paying debts to the representatives of the deceased individual.

Who issues a succession certificate?

A succession certificate is issued through the district judge of the related jurisdiction. The relevant jurisdiction shall be where the deceased individual ordinarily lived at the time of his demise or if no such place is available, the jurisdiction within which any property belonging towards the deceased might be found.

Petition for Certificate

A petition for succession certificate should have the following particulars: 

•    Time of death of the deceased individual;

•    Residence or details of properties of the deceased individual at the time of death within which Judge the jurisdiction falls under;

•    Details of family or other close relatives;

•    The rights of the claimant;

•    Absence of any impediment towards the granting of certificate;

Procedure to get a succession certificate

The legal process for obtaining the succession certificate is:

The applicant would prepare a petition, verify and sign the same and submit it towards the district judge in the appropriate jurisdiction after paying the appropriate court fees.

The district judge then will inspect the application and if the same is admitted, he would fix a day for the hearing regarding the same and also send notice of the hearing towards whomsoever he thinks fit.
After hearing each individual concerned, the judge would decide if the claimant is within his right to apply for the application as well as would grant the certificate to him if satisfied.

The district judge might also need the applicant to provide a bond with one or more sureties or any additional security to make good any possible loss arising out of the use or misuse of such certificate.

Limitation on Succession Certificate

A court could at some point need a bond with one or more surety or sureties or any other security for rendering an account of debts as well as securities received through the claimant of succession certificate for indemnifying the individuals who might be entitled to any part of the debt or securities.

Validity of Succession Certificate

A succession certificate is valid throughout India. When a certificate has been granted in a foreign country through an Indian representation accredited towards that State, it must be stamped inconsistent with the Court Fees Act 1870 to have the similar effect in India as a certificate granted in India.

Legal Heir Certificate

In case there is a sudden death of a family member, a legal heir certificate shall be acquired in order to transfer the assets of the deceased towards their legal heirs. A legal heir certificate is a very significant document towards establishing the relationship amid the deceased as well as legal heirs. Once the death certificate is obtained from the municipality or corporation, it is essential that the successors apply for this legal heir certificate for claiming their right over the deceased individual’s properties and dues. 

The following individuals are considered legal heirs and could claim a legal heir certificate under Indian Law:

•    Spouse of the deceased

•    Children of the deceased (Son/ Daughter)

•    Parents of the deceased

•    Sibling of the deceased

Procuring a Legal Heir Certificate

As per the Indian Succession Act, 1925 there is no stated method to get a legal heir certificate, yet it could be easily issued through revenue officers for example revenue Mandal officers or talukdars, tahsildars in every taluk. A legal heir certificate could be issued and relied upon for only limited purposes. Legal heir certificates are not definite when it comes for defining the legitimate class of heirs of a deceased individual under the laws of succession or the title of heirs to any undecided property that belonged towards the deceased individual. In the event of any differences between the heirs of the deceased, the revenue officer can't issue a legal heir certificate and is obliged to direct the heirs to approach a civil court for the determination of the legitimate heirs.

Documents Required

In order to get a legal heir certificate, the list of documents required is:

•    Signed application form

•    Identity/Address proof of the applicant

•    Death certificate of the deceased

•    Date of Birth proof of each and every legal heirs

•    A self-undertaking affidavit

•    Address proof of the deceased

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Author:

eStartIndia Team