How to get legal heir succession certificate

हिंदी में पढ़ें
October 19, 2019
By Advocate Chikirsha Mohanty



A succession certificate is issued by a civil court to the legal heirs of a deceased person. When a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. 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.

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How to apply for a Succession Certificate?
 

Petition:

A duly signed and verified application must be made to the civil court or high court of competent jurisdiction.


Details:

Details like petitioner’s name, name of legal heirs of deceased, relationship of the petitioner with deceased, right of petitioner, residences of relatives and family of deceased and details of death along with the death certificate debts and securities for which the succession certificate has to be obtained have to mentioned in the petition.
 

Fee:

According to Schedule II of The Court Fees Act, 1870, certain amount is levied as court fee for this process. Stamp Duty may vary from state to state.


Process:

The court issues a newspaper notice for 45 days. Any person having problem with it can file objections. If the court doesn’t receive any objection, it issues succession certificate.
 

Documents required for obtaining Succession Certificate:

 (I) Death certificate
(ii) Pan Card of all the legal heirs
(iii) Ration card of all the legal heirs
(iv) Prescribed application form by affixing a court fee stamp
 

What is the effect of Succession Certificate?

A Succession Certificate provides protection to the parties paying debts in good faith. It also authorizes the holder of the certificate to receive a dividend on the securities and transfer such securities as stated in the certificate making such transfers or receipt of payment valid as per the law. Be that as it may, such authority over the securities would not render the rights of ownership or inheritance rights over the securities to the holder. The inheritance would be determined as per the procedure prescribed under the appropriate laws.

Consult: Top Documentation Lawyers in India
 

What are the differences between Succession Certificate and Legal Heir Certificate?

Following are the main differences between a succession certificate and legal heir certificate:

  1. A legal heir certificate is required to prove your claim in the property of a deceased person, whereas, a succession certificate is required to obtain debts and securities of a deceased person in absence of a will.

  2. A legal heir certificate enlists the heirs of a deceased person, whereas, a succession certificate states the applicant’s relationship with the deceased and enlists the debts and securities of the deceased person.

  3. A legal heir certificate identifies and establishes legal heirs of a deceased, whereas, a succession certificate gives authority to the certificate holder to inherit debts and securities of a deceased person and provides protection to the parties making payment of the debts.

  4. A holder of a legal heir certificate is entitled to inherit the property of the deceased person, whereas, a holder of a succession certificate may not be the ultimate beneficiary of the property of the deceased person.
     

How can a lawyer help you in making a Succession Certificate?

It is clear that obtaining a succession certificate is a time taking process and involves a complex legal procedure. One can also bear a substantial loss if a succession certificate is not obtained within the requisite time. This is why it is wise to hire an experienced documentation lawyer to help you obtain a succession certificate. A lawyer can help you manage the documentation required to apply for a succession certificate and can also take care of the application on your behalf. Being an expert in the field, a lawyer can help you make an application with minimal mistakes ensuring low chances of refusal. He can also take care of the procedure for you while saving you time to manage other essential jobs.

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Format of a Succession Certificate

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)
__________



 

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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