It provides legal proof that you are the rightful heir to tA succession certificate is a legal document issued by a court to the legal heirs of a deceased person who has died intestate, i.e., without leaving a will. The succession certificate gives the legal heirs the authority to inherit the debts, securities, and other assets of the deceased person.
Here are the steps on how to obtain a succession certificate in India:
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File a petition in court. The petition must be filed in the court of the district where the deceased person was ordinarily residing at the time of death. The petition must be accompanied by the following documents:
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Death certificate of the deceased person
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Proof of relationship of the petitioner to the deceased person
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List of all the legal heirs of the deceased person
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Affidavits from the legal heirs stating that they are not aware of any other will made by the deceased person
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Serve notice to the other legal heirs. Once the petition is filed, the court will serve notice to the other legal heirs of the deceased person. The other legal heirs have the right to appear in the court and contest the petition.
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Hearing of the petition. The court will then hear the petition and decide whether to grant a succession certificate. The court will consider the following factors in making its decision:
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The relationship of the petitioner to the deceased person
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The evidence of the other legal heirs
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The wishes of the deceased person, if any, as expressed in a will
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Grant of succession certificate. If the court grants a succession certificate, it will issue a certificate that names the legal heirs of the deceased person. The succession certificate will give the legal heirs the authority to inherit the debts, securities, and other assets of the deceased person.
Here are some of the documents that you will need to obtain a succession certificate in India:
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Death certificate of the deceased person
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Proof of relationship of the petitioner to the deceased person
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List of all the legal heirs of the deceased person
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Affidavits from the legal heirs stating that they are not aware of any other will made by the deceased person
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Notice of hearing to the other legal heirs
The cost of obtaining a succession certificate in India varies depending on the value of the assets that are being inherited. However, the cost is typically between 2% and 3% of the value of the assets.
The process of obtaining a succession certificate can be time-consuming and complex. However, it is an important step in ensuring that the legal heirs of the deceased person are able to inherit their assets. If you are considering applying for a succession certificate, it is advisable to consult with an experienced lawyer who can help you through the process.
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Here are some of the benefits of obtaining a succession certificatehe estate.
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It gives you the legal authority to take possession of the estate and its assets.
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It can help you avoid potential disputes with other heirs or beneficiaries.
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It can make it easier to transfer the assets of the estate to the heirs.
If you are the legal heir of a deceased person who has died intestate, you should consider obtaining a succession certificate. This will help you to protect your rights and ensure that you are able to inherit the assets of the estate.
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