Procedure for obtaining succession certificate
Procedure for obtaining succession certificate
The succession certificate is issued by a civil court to the legal heir of the deceased person. If a person dies without leaving a will, a succession certificate may be given by the court to free the debt and securities of the deceased.
It establishes the authenticity of the heirs and grants them the right to transfer securities and other assets in their names, as well as the right to loan. It is issued by a beneficiary before the competent court in accordance with the succession laws applicable to the application.
A succession certificate is required, but not always sufficient to free the deceased’s estate. For this, death certificate, administration letter and no objection certificate are required. For a succession certificate, you first file a petition with the district court or high court under whose jurisdiction the property or assets are located. In the petition, state the relationship and name of the petitioner with the deceased person. Apart from this, information about the names, time, date and place of death of all the heirs of the deceased will also have to be included in the details. Also present a copy of the death certificate.
The court usually issues a notice in newspapers for a given period (typically 45 days). If someone does not dispute or object to your petition until the end of this period, the court will pass an order to issue a succession certificate. The court charges a certain percentage of the value of the property to issue the certificate. The amount of the court fee has to be paid in the form of judicial stamp papers, after which the certificate is typed, and duly signed and distributed. In addition to the court fees, attorneys’ fees should also be taken into consideration.
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