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How to obtain a succession certificate, please advise


26-Jan-2023 (In Documentation Law)
My sister Expired on Dec 2016 with leukemia.Her Group Employee insurer is asking for succession certificate for claim settlement stating that the Nomination has not been done. Her PF docs and bank accounts has nominee declared. She is unmarried.Request your help how to move forward for getting a succession certificate or will legal heir certificate suffices or will the PF nominee can be the same as Insurance nominee. Regards
Answers (1)

Answer #1
554 votes
Obtaining Succession Certificate will clear many hurdles. It clears the doubt as to who has to receive the claims or debts /securities of the deceased. An application for SC can be made either to a District Judge or to Senior Civil Judge authorized to grant SC under section 388 of Indian Succession Act,1925. Any person who has a beneficial interests in the claims, debts etc of the deceased may apply for the SC. Your sister is unmarried. In that case her mother or father can apply for the SC. SC has to be applied before the District Judge/Senior Civil Judge within the jurisdiction the deceased ordinarily resided at the time of his or her death ,or in case there is no fixed place of residence where any of the the property of the deceased is found. The succession certificate does not grant any title or ownership. The movable properties covered under the SC should be held in Trust by the person in whose favor the SC is granted by the Court. The legal heir or real claimant always has his or her rightful claim over the properties of the deceased. Such rights can be agitated in a Court of law. Succession Certificate has to applied only for movable properties.

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