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How to get legal heir succession certificate

October 17, 2018
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.
 

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
 



 


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