How to get a Succession Certificate in Delhi?

Succession certificates in Delhi can be easy to get only if you have the right knowledge and expert guidance, and this article will guide you through it. Read on.

What is a Succession Certificate?

The Courts in India issue a succession certificate. The successor of a deceased person who passed away intestate, i.e., without making a Will, is eligible to apply for a succession certificate. With regards to a person to whom a certificate is issued by the court, the certificate provides indemnity to all persons who owe such debts or are liable on such securities.

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Role of Legal Heirs and Other Claimants

In the process of obtaining a succession certificate, those eligible to apply for a succession certificate are the legal heirs of the deceased, their spouse, children, parents, and siblings. Such legal heirs and claimants possess certain rights and obligations. They hold the right to a proportionate portion of the assets of the deceased, subject to the regulations governing succession. Simultaneously, they bear the responsibility to honour the rights of co-heirs, administer the estate diligently, and adhere to legal mandates, including the settlement of debts and the fulfilment of tax obligations.
 

The procedure of applying for a Succession Certificate in Delhi

1. Preparing and verifying the Petition/Application: The applicant has to prepare a petition that must be duly signed and verified.

2. Submission: The petition must be submitted to the District Court after paying the appropriate amount of court fee.

3. Inspection: The petition is inspected by the District Judge who examines it closely.

4. Hearing: After the inspection, the judge fixes a date for the hearing. A notice is sent to all the concerned parties.

5. Newspaper Notice: The court will issue a newspaper notice for a period of 45 days. Any person who objects to the issuance of the succession certificate can file an objection.

6. Issue of Certificate: If the court receives no objection, it can issue the succession certificate to the applicant.

7. Surety: The judge may also require that the applicant provides a bond with one or more than one surety or security.

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Contents of the Succession Certificate Application

The applicant should include the following while applying for a succession certificate in Delhi:

1. At the time of the death of the deceased,

2. The address of the deceased at the time of the death,

3. The details of the property of the deceased,

4. The details of the family and relatives of the deceased person and their respective addresses,

5. The rights of the applicant, and

6. The debts and securities with regard to which the application for such succession certificate is made.

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Documents required to apply for a Succession Certificate in Delhi

The following documents are required from an applicant to apply for a Succession Certificate in Delhi:

1. Death certificate of the deceased person,

2. Identity Proof,

3. The written/prescribed application form, and

4. Residential address proof of the deceased person (Voter ID/Driving License/Bank Pass Book).

Procedure to Apply for a Succession Certificate in Delhi

Following are the steps to apply for a Succession Certificate in Delhi:

1. The applicant shall make an application in the prescribed format to the competent civil court of appropriate jurisdiction.

2. Once the court receives a petition, it issues a notice in the newspaper and calls for an objection within 45 days.

3. After the expiry of 45 days, if no objection is received by the court and no one contests the certificate, the court grants the succession certificate.

4. The fee for the certificate has to be paid in the form of a judicial stamp for a sufficient amount.

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Format of Succession Certificate Application Form

IN THE COURT OF _____, _____

Petition No. __ of ____ Date of Institution: __/__/____ Date of Decision: __/__/____ _____ son of _____ R/o _____

& hellip PETITIONER

Versus

1- _____, 2- _____ son/wife of _____, resident of _____

... RESPONDENTS

PETITION UNDER SECTION _____ OF _____ ACT, _____ FOR GRANT OF SUCCESSION CERTIFICATE

SUCCESSION CERTIFICATE To, _____ son of _____ R/o _____ WHEREAS, you applied on _____ day of _____ for a Certificate under _____ of _____ Act, _____ in respect of _____ benefits of _____ resident of _____ who was employee of _____ having employee No. _____ from the office of _____, _____ This certificate is accordingly granted to you and empowers you to collect those debts. Given under my hand the seal of this court on this ___________ day of _________. _____ Judge (_____ Division) __________

Why do you need a Lawyer?

Applying for a Succession Certificate is a complicated procedure and requires the applicant to understand complex legal procedures. A person can also suffer substantial loss if a succession Certificate is not issued in time or is not issued at all. Therefore, it is recommended to engage the services of a documentation lawyer who can aid you in obtaining a succession certificate. A documentation lawyer can ensure that the petition is properly prepared and contains all the relevant details. Further, a lawyer can also manage the intricate documentation required to apply for a succession certificate.

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FAQs

1.Can a Succession Certificate be challenged in court?
Yes, a Succession Certificate can be challenged. Any person having a pecuniary interest in the deceased person's estate can contest the certificate by filing an objection during the 45-day notice period.

2.What are the responsibilities of the holder of a Succession Certificate?
The holder of a Succession Certificate is responsible for settling the deceased’s debts, managing the estate responsibly, and complying with all legal requirements, including tax obligations.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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