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How to get a Succession Certificate in Delhi?


August 15, 2022
By Advocate Chikirsha Mohanty





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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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.

    Consult:  Top Documentation Lawyers in India
     



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.

    Consult: Top Documentation Lawyers in India
     



Format of Succession Certificate Application Form

IN THE COURT OF _____, _____


Petition No. __ of ____
Date of Institution: __/__/____
Date of Decision: __/__/____

_____ son of _____ R/o _____

…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)
__________

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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.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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Comments by Users


Pawandeep
What is the fees of lawyer for making succession certificate?

Reply by LawRato
Fees of the lawyer depends upon the complexity of the matter, experience of the lawyer and the city/state that you are wishing to get the succession certificate from. It varies from lawyer to lawyer. 

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