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Succession Certificate is a certificate permitted by the civil court to the person legally entitled to inherit the property of a person who died without a Will, leaving behind debts and securities. Succession certificate authorizes the person to make payment of a debt or transfer securities to the person with a certificate without having to put a legal heir title on him.
Procedure for Obtaining Succession Certificate
To obtain a succession certificate,
- a petition to the District Judge within whose jurisdiction the person deceased resided at the time of his or her death or,
- if the deceased had no fixed residence, the District Judge within whose jurisdiction property of the deceased is found.
Petition for Succession Certificate
A petition for succession certificate must consist of the following details:
- Time of death of the deceased.
- Residence or property details of the deceased at the time of death within which the jurisdiction falls under.
- Details of family members or other close relatives of the deceased.
- The rights of the petitioner.
- No obstruction certificate.
Grant of Certificate
On filing the petition, if the Judge is satisfied as to the ground of the petition, can allow an opportunity of listening to persons who, in his/her opinion, should be heard.
After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate.
Subsequently, the Judge then passes an order for grant of certificate mentioning the debts and securities assigned in the petition authorizing the person to receive interest or money or to negotiate and transfer.
