How to get a Succession Certificate in Mumbai?

What is a Succession Certificate?

A succession certificate is a document issued by Indian courts to the legitimate heirs of a person who died intestate and left debts and securities. When a person dies without leaving a legal Will, they are said to have died intestate. A succession certificate allows the holder to pay a debt or transfer stocks to the holder of the certificate without first determining who is the legal heir. All persons owing such obligations or due on such securities are indemnified by a succession certificate for all payments made to or dealings had in good faith with a person to whom a certificate was provided.

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Why do you need a Succession Certificate?

Under the numerous relevant laws in the country, a Succession Certificate is necessary when someone inherits any immovable or movable property. The Hindu Succession Act addresses these difficulties. Minorities, on the other hand, are protected by community statutes like the Indian Succession Act. For both categories, this problem must be viewed in the proper light.

The procedure of applying for a Succession Certificate in Mumbai

1. Preparation and verification of the Petition/Application: The applicant is required to prepare a petition. Such a petition must be duly signed and verified.

2. Submission of the Petition: After the appropriate court fee has been paid, the petition must be submitted to the District Court.

3. Inspection and Examination: The petition is closely inspected and examined by the District Judge.

4. Hearing: After the completion of the inspection, the judge fixes a date for the hearing. All concerned parties receive a notice.

5. Notice in the Newspaper: The court will issue a notice in a newspaper for 45 days. Any person who opposes the issuance of the succession certificate is free to file an objection.

6. Issue of Certificate: If no objection is received by the court, 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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Documents required to apply for a Succession Certificate in Mumbai

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 (Aadhar Card, Voter ID, Passport)

3. The application form, and

4. Address proof of the deceased person (Voter ID, Driving License, Bank Pass Book).

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Procedure to Apply for a Succession Certificate in Mumbai

Following is the procedure to apply for a succession certificate in Mumbai:

1. The applicant shall make a petition in the prescribed format at the competent Civil Court.

2. Once the petition is received, the court issues a notice in the newspapers as well as to all the respondents.

3. The notice calls for objections, if any, to issue a succession certificate, and provides a period of 45 days to do the same along with necessary documentary proofs.

4. On the expiry of the period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate.

5. The fee has to be paid in the form of judicial stamp papers for a sufficient amount as levied by the court. After that, the certificate shall be issued.

Format of a Succession Certificate Petition

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) __________

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Why do you need a Lawyer?

Applying for a Succession Certificate is a time-consuming process that necessitates a thorough understanding of legal procedures. A person could also lose a lot of money if a succession certificate isn't granted on time or at all. As a result, you should seek the assistance of a documentation lawyer who can assist you in securing a succession certificate. A lawyer that specializes in documentation can guarantee that the petition is correctly written and contains all of the necessary information. A lawyer can also handle the complicated paperwork needed to apply for a succession certificate.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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