What is a succession certificate?
If you are the heir of someone who died without a will, you may need to apply for a succession certificate to access their assets. A succession certificate is a document that proves your relationship to the deceased and allows you to dispose of the estate.
The process of obtaining a succession certificate can be complicated, so it's important to learn about the issues involved beforehand. In this blog post, you will learn what a succession certificate is and how to obtain one.
A succession certificate is a document issued by a court that proves a person's right to inherit from someone who died without a will. The certificate is used to transfer the deceased person's property to his or her rightful heirs.
The process of obtaining a succession certificate can be complicated and time-consuming, so it is important to seek advice from an experienced attorney.
How is a succession certificate issued in India?
To obtain a succession certificate, one must first file an application with the court. The application must be accompanied by a certified copy of the death certificate and other required documents. Once the application is filed, a Notice of Hearing will be sent to the interested parties.
At the hearing, the court will consider the evidence and testimony the applicant submitted and decide whether to issue a succession certificate. If the court finds the applicant entitled to the deceased's property, it issues a succession certificate accordingly.
If someone dies without leaving a will, the next of kin can apply for a succession certificate. This is a document that proves that the person named in the certificate is entitled to the deceased's property. The application can be made by one of the following persons:
- The surviving life partner or spouse of the deceased.
- A child of the deceased.
- A grandchild of the deceased.
- A parent of the deceased.
- The brother or sister of the deceased.
The application must be filed with the Register of Probate in the county where the deceased lived. The registrar's office requires proof of death and identification of the applicant. They must also provide proof of relationship to the deceased, such as a birth or marriage certificate. If all documents are in order, the registry office issues a succession certificate.
When is a succession certificate not required?
A succession certificate cannot be issued if the deceased left a valid will under Section 370 of the Indian Succession Act, as the executor is required to carry out the instructions of the will.
What are the advantages of a succession certificate?
A succession certificate is a document issued by a court to an executor or administrator of an estate that identifies that person as the rightful heir to the estate. This document is essential because it allows the executor or administrator to take legal possession of the estate and its assets.
The issuance of a succession certificate has many advantages, including
- It provides legal proof that you are the rightful heir to the estate.
- It gives you the legal authority to dispose of the estate and its assets.
- It can help you avoid possible disputes with other heirs or beneficiaries.
- It can streamline the probate process by making a will contest or other litigation unnecessary.
- In some cases, it may be required to sell the property or transfer ownership of assets.
What are the requirements for the issuance of a succession certificate?
The general requirements for the issuance of a succession certificate are as follows:
- The person requesting the certificate must file an application with the court in whose district the deceased person lived at the time of death.
- The application must be accompanied by a certified copy of the death certificate and any other supporting documents required by the court.
- The application shall be served on all parties as directed by the court.
- A hearing shall be held at which the parties shall have an opportunity to object to the issuance of a succession certificate. If no objections are raised or if any objections are rejected by the court, a succession certificate shall be issued.
Documents required for a succession certificate in India
To obtain a succession certificate in Maharashtra, you must attach the appropriate documents to your application.
- A correctly completed application.
- Death certificate.
- Identification document
- Ration card
Conclusion
A succession certificate is one of the most important documents there is because it gives you and your family the ability to act after your death. Similarly, GLC Wealth - Recovering Unclaimed Assets provides you with a succession feature so you do not have to worry about it.