A Succession Certificate is one of the most important legal documents that plays a crucial role when it comes to the assets of those people who pass away without drafting a formal will naming the people who should be considered in charge of their assets after their death. This type of certificate operates as per the guidelines of the Indian Succession Act of 1925 and is an official recognition given to legal heirs of the deceased so that they can exercise their rights over the movable assets of the one who passed away.
Read the article to learn the complete details on the Succession certificate, ranging from its meaning and benefits to eligibility and associated fees, including information on the difference between a succession certificate vs legal heir certificate, and answers to popular questions like, ‘How to get succession certificate India?’
Read More On Power Of Attorney In India- Meaning, Types, Uses, Registration & Legal Guide
Succession Certificate Overview
The table below summarises key details of a Succession Certificate that one should know.
| Name of the certificate | Succession Certificate. |
|---|
| Meaning | An official legal document issued to the legal heirs of the deceased individual. |
| Legal framework | Indian Succession Act of 1925. |
| Issued by | District judge / civil courts. |
| Purpose | To establish ownership over the assets of the deceased person who died without making a will. |
| Covers what type of assets? | Movable properties of the deceased, like money, investments in banks, mutual funds, shares, insurance policies, and other forms of financial instruments. |
| Not applicable to | Immovable assets, like land, real estate, etc. |
| Eligibility | Legal heir of the deceased who died without making a formal will. |
| Required supporting documents | Death certificate, ID proof of legal heirs, asset-related details, and others. |
| Mode of application | Offline or partially online via the websites of the e-courts of the respective state governments. |
| Validity | Valid till the property-related matters are completely settled. |
| Fees | 2% to 3% calculated over the assets of the deceased. |
What Is A Succession Certificate?
A succession certificate is an official legal document issued by the district judge of civil courts to the legal heirs of the deceased individual, stating that they have full authority and rights over managing the assets of the person who died without creating a formal will when they were alive. The whole certificate operates under the legal framework of the Indian Succession Act of 1925. This type of certificate not only provides rights to legal heirs but also reduces the instances of disputes or conflicts that arise when multiple people claim to have ownership of the properties of the deceased.
There are two types of properties that one should be aware of. i.e., movable and immovable properties. Note that the succession certificate only covers movable properties of the deceased, like money, investments in banks, mutual funds, shares, insurance policies, and other forms of financial instruments, but not immovable properties, like land, real estate, etc.
For claiming ownership over immovable properties of the deceased, individuals have to take the help of other legal documents, like a probate, legal heir certificates, or a letter of administration, to be used based on the situation.
Contents Of The Succession Certificate
A succession certificate comprises significant information. All the information it contains is mentioned below in brief points:
-
Details of the deceased individual.
-
Details of the legal heirs of the deceased individual.
-
List of movable assets that the deceased owned, like bank accounts, shares, mutual funds, insurance policies, etc.
-
Scope of the rights of the legal heirs.
-
Name of the issuing court, case number, and jurisdiction-related information.
-
Date of issue of the succession certificate, along with the official seal of the judge.
-
Limitations, if any.
Validity Of A Succession Certificate
A succession certificate remains valid till the property-related matters are completely settled, meaning that after obtaining it from the court, one does not have to apply for it again. However, if any issues arise or someone makes new claims based on their right over the deceased individual’s property, the court will be required to open the case again, review the details, and issue their judgement again.
Also Read On Stamp Duty Exemptions: Save Tax On Your Next House
When Does One Need A Succession Certificate?
There are several reasons and situations when one needs to have a valid succession certificate, some of which are mentioned below:
-
To access deposits in banks made by the deceased without nominating a registree who can be in charge of the account after their death.
-
To take control of the movable assets of the deceased individual, like shares, mutual funds, debentures, etc.
-
For claiming the insurance policies of the deceased.
When Is A Succession Certificate Not Needed?
A succession certificate becomes useless in various instances, such as:
-
The deceased drafted a will before their death.
-
Assets of the deceased have a registered nominee, nominated by the deceased when they were alive.
-
When the property in question is owned jointly, such as by the wife of the husband who has now passed away.
Benefits Of A Succession Certificate
A Succession Certificate comes along with numerous benefits for people who possess it. Some of its major and popular benefits are described below in detailed points:
-
A succession certificate provides official recognition to the legal heirs of the deceased person. This type of certificate becomes extremely useful in cases when there is no formal will created by the deceased before their death. This legal recognition avoids confusion and further legal troubles over inheriting the assets of the deceased.
-
One of the most significant and direct benefits of possessing a valid succession certificate is proving one’s legal rights to the assets of the deceased individual. It helps them in collecting and managing the assets as per their will and needs with the backing of the law.
-
People who possess a legally valid succession certificate avoid instances of conflicts or disputes among family members over claiming the properties of the deceased. This not only saves the resources of people but also saves them from a great deal of psychological tension.
-
In cases where the deceased owes money to other people, the legal heirs have the right to collect the debts with the help of their succession certificates from people who owed money to the deceased.
-
As the succession certificates are usually granted after conducting a thorough verification check by the judicial system, it ensures a greater deal of transparency and accountability, reducing the chances of fraudulent claiming of the properties of the deceased by unauthorised people.
Eligibility Criteria For Obtaining A Succession Certificate
Individuals interested in applying for a Succession certificate are required to fulfil all the conditions of eligibility to successfully obtain one. The eligibility criteria are as follows:
-
Applicant must be an Indian citizen and of sound mind.
-
Applicant must be a legal heir of the deceased individual.
-
The deceased person should have died without making any sort of will before their death.
-
The property of the deceased should come under the jurisdiction of the court where the legal heir is filing a petition to obtain a succession certificate.
How To Apply For A Succession Certificate?
One can apply for a Succession Certificate by following the offline application procedure. The succession certificate apply process is broken down into steps for one’s better understanding and clarity.
Step 1: To start the succession certificate apply process, an applicant is required to file a petition under Section 372 of the Indian Succession Act of 1925 in a civil court. Please carefully fill in the petition and ensure that every detail mentioned in it, like time and date of the deceased person’s death, details of other relatives of the deceased, property-related details, details of debts, a No Objection Certificate from other legal heirs, etc., is true to your knowledge and accurate. Applicants are also required to attach copies of all supporting documents with the petition.
Step 2: Sign the petition, pay the nominal court fees, and then submit the petition to the District Judge to start the succession certificate court process.
Step 3: After the successful submission of the petition, the civil court issues notices to the concerned parties involved along with an advertisement of the same in a newspaper so that others can know about it and raise any issues, if any.
Step 4: If the court receives no issues within the deadline, which is usually around 30 to 45 days, the court proceeds with the hearing. The district judge sets up a preliminary hearing to check the petition and decide whether to approve it or not, after which the final hearing is scheduled.
Step 5: On the day of the final hearing, the petitioner is once again required to visit the civil court on time. The judge will listen to all the concerned parties, and if no discrepancies are found, they will grant the applicant a succession certificate.
Step 6: Note that the judge may also need the applicant to sign an indemnity bond, just to make sure to cover any losses that might happen due to the misuse of the succession certificate. To sign this bond, the applicant will have to provide the court with one or two sureties.
Can One Apply For A Succession Certificate Online?
Yes, one can apply for a succession certificate through an online portal, but please note that this does not mean that the entire hearing process will also be necessarily conducted via online means; you will have to physically visit the court on the scheduled date and time without fail.
The steps of the online application are described below so that one can get a rough idea of how to do it:
Step 1: Please visit the official website of your respective state’s e-court or district court portal.
Step 2: On the homepage, you will find the option of ‘New Registration’. Fill in your basic details, set up your credentials, and finish registering in the portal.
Step 3: Log in to the portal using your credentials and fill out the details in the petition form required for a succession certificate. Ensure that all the details filled in the petition are correct and accurate, as minor errors can lead to rejection of the application at an earlier stage only.
Step 4: Upload the scanned copies of all the required documents. Make sure the uploaded documents are clearly visible and in the prescribed size and format as mentioned in the portal.
Step 5: Pay the fees through online payment methods to successfully submit your petition for a succession certificate.
Step 6: The court will conduct a background verification and will send up notices to you and other relevant parties concerning court hearings. Please attend the court hearing on the scheduled dates, and if the proceedings go smoothly and no discrepancies are found, your succession certificate will be issued.
Step 7: One will be able to download their succession certificate from the portal as soon as it is issued by the authorities.
What Are The Documents Required For A Succession Certificate?
Applicants are required to attach or upload some supporting documents while completing the application process. The list of Succession certificate documents is as follows:
-
Death certificate of the deceased.
-
Details of the deceased’s assets and liabilities.
-
Proof of identification of legal heirs, like an Aadhaar card, PAN card, Voter ID card, or a Passport (any one is required to be attached).
-
Documents proving the relationship of the legal heirs with the deceased individual, like a birth certificate, a marriage certificate, or others, are based on the kind of relationship shared.
-
A will or testament prepared by the deceased before their death.
-
Supporting affidavits and declarations.
-
Others, as needed.
Fee Associated With A Succession Certificate
The fees charged by the court when one applies for a succession certificate are regulated by the Court Fees Act of 1870, and they must be paid in judicial stamps. The cost of fees associated with a succession certificate is calculated on the value of the deceased’s assets. It usually ranges between 2% to 3%.
The estimated costs that one has to bear while applying for a succession certificate are described below:
| Type of expense | Approximate cost |
|---|
| Court fees | 2% to 3% of the assets of the deceased. |
| Fees of the lawyer | Varies. |
| Newspaper publication | Varies from the type of newspaper and area. |
| Stamp paper and others | Based on the state’s requirements. |
Succession Certificate Vs Legal Heir Certificate
Key differences between a Succession Certificate and a Legal Heir Certificate are mentioned below in tabular format for one’s holistic understanding:
| Component | Succession Certificate | Legal Heir Certificate |
|---|
| Meaning | Certificate with the help of which a legal heir can use to inherit the deceased person’s assets, including movable properties. | This type of certificate identifies legal heroes for various purposes, like receiving pensions, making insurance-related claims, etc. |
| Issued by | Issued by a district judge in a civil court. | Issued by local authorities, like a tehsildar, sub-divisional magistrate, or others. |
| Use | Used for legally dealing with the assets and liabilities of a deceased person. | Used for administrative purposes where one has to claim their relationship with the deceased individual to reap several benefits. |
| Legal status | Comparatively has a stronger legal status as it proves the legal heirs' right to the assets of the deceased. | Not as legible as a succession certificate. Also, not considered acceptable when it comes to proving one’s right over a person’s property. |
| Application process | Involves filing a petition in a civil court. | One needs to apply to the local authorities to obtain it. |
| Validity | Valid till the property-related matters remain pending, meaning no re-application and renewal required unless the certificate gets cancelled by the authorities. | May have an expiration date. |
| Cost involved | Cost has various elements, like court fees, fees of the advocate, etc. | Fees payable to local authorities for the issuance of the legal heir certificate, no other charge. |
Rights Of Legal Heirs
Some of the essential rights of legal heirs with a valid succession certificate are described below briefly so that one can understand what they can do and what they cannot exercise their power on:
-
Legal heirs, with the help of their valid succession certificate, can collect debts owed to the deceased, and people who owed money to the deceased will have no choice but to clear their payments.
-
Heirs have the right to manage, encash, transfer, or liquidate the movable assets of the deceased person.
-
With the help of their respective succession certificates, legal heirs can rightfully represent the deceased in financial matters and dealings.
-
If there is more than one legal heir, they have the right to act jointly or in the manner as instructed by the judicial system for the smooth and dispute-free handling of the assets of the deceased. Also, in such cases, legal heirs have the right to distribute the assets in a fair way through mutual agreement.
Read More On PM Modi To Distribute 6.5 Million Property Cards Under SVAMITVA Scheme
Conclusion
A succession certificate is not just a document but a whole legal system on its own, which ensures that the rightful claimants of the deceased get ownership and the power to exercise their rights over the movable properties of such people who die without creating a formal will. This not only helps legal heirs in proving their relationship with the deceased and thereby getting a hold on their assets, but also reduces the instances of disputes and conflicts among other family members who might want to claim the assets as well without being the rightful owners of the same.
Obtaining a succession certificate is based upon several other factors and not just the fact that one is the legal heir of the deceased. People must understand the specifics of the application process os that they can apply for it smoothly. Please go through the whole article to develop a deeper understanding of the entire process of obtaining a succession certificate.
Stay updated with Jaagruk Bharat to get the latest information on government schemes and more, and reach out to us via our community page if you have any questions.
Why Choose Jaagruk Bharat To Apply For A Legal Heir Certificate?
Allow Jaagruk Bharat to help you and apply for a Legal Heir Certificate on your behalf in just a few clicks! Get 24/7 support, expert assistance, online services, and a hassle-free application Process with Jaagruk Bharat.
