Succession certificate

A succession certificate is an order given to the heirs of a decease person by a court or authority based on an application submit by the heirs in their individual capacity as legal heirs or as others qualify to inherit the deceased person’s estate in specific situations. A succession certificate may be issue by a court to enable the deceased’s assets, securities, and obligations to be realize in the event that they pass away without leaving a will. It is granted in compliance with the relevant inheritance laws.

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A succession certificate is given to a decease person’s rightful heirs. The heirs’ legitimacy is established by the certificate. It also grants them the right to inherit the deceased person’s belongings. The court that issued it is civil. The rightful heirs demand that the securities & other assets be retitled in their names.

The beneficiary must submit a petition to the district or high court in the area where the deceased person’s properties are located or where he usually resided.

Petition

All relevant case details should be include in the petition, such as:

• Complete name of the departed Information on the petitioner’s name and relationship
• Time, date, and location of death details
• Where the deceased person lived
• Information on the deceased’s relatives and other close relatives, along with their residential addresses
• names of each of the deceased’s heirs
• Specifics of the deceased’s assets and debts

When requesting a succession certificate, the applicant must demonstrate his legal entitlements and indicate the role he should take on as the departed person’s heir. The death certificate copy must be submit with the petition.

• The court shall publish a notice in the newspapers for a specified period of time based on the application. Typically, 45 days are given to anyone to object to the certificate’s issuance. When this time comes to an end and no one challenges the petition, the court will issue an order granting the succession certificate.
• The court charges a fee in the form of judicial stamp paper for the certificate. The entire procedure could take three to six months.
• A succession certificate enables the holder to act on behalf of the deceased in order to pursue securities and debts owed to him or payable in his name. A succession certificate’s issuance counts as final evidence against the debtor.
• On the basis of the certificate, one can then apply for the transfer of assets, securities, or bank accounts that are registers in the name of the deceased.

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