Whats the process to make succession certificate.

808 votes

for a succession certificate, you have to file a succession petition in court in respect of the properties of which you are seeking a succession certificate. you will need to gather all the class 1 legal heirs and have them appear before the court and once the court. there is a procedure where public notice will be issued by the court and objections called for. if no objections are received, the succession certificate will be granted to those who claim it.

Advocate Angad Mehta LawRato

799 votes

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

For issue of succession certificate, first you file a petition with the district court or high court within whose jurisdiction the property or asset is located. Mention the name and relationship of the petitioner with the deceased person. Also mention names of all heirs of the deceased, details about time, date and place of death in the petition. Also produce a copy of the death certificate. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one disputes or contests your petition on the expiry of this period, the court will pass an order for issuance of succession certificate. The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate. The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered. In addition to the court fee, the lawyer's fee also needs to be taken into account.

LawRato LawRato