Obtaining Succession Certificate

Overview of Succession Certificate

A succession certificate determines the authenticity of a successor of the deceased person. This is used to gain authority over the deceased person’s debts and securities. This certificate assists a user in getting the responsibility of paying off debts of a deceased along with ownership of their securities and investment. This certificate is issued by the district court after hearing the petition from the prospective successor. The district judge goes through the petition and after checking its validity through relevant jurisdiction orders on releasing the succession certificate. The relevant jurisdiction would be applicable where the dead person used to reside at the time of his death. If no such place could be established with authority, the jurisdiction will lie in the area of any property belonging to the deceased.

Things to be Included in Succession Certificate Petition

The petition made for the certificate with the district judge must be signed by the applicant and should include the subsequent details:

• The time of the death of the deceased person.
• The residence address of the deceased at the time of death; and if no such address is available, the address of any property owned by the deceased in the jurisdiction of the district judge could be considered.  The applicant has to attach the relevant proof of such property in this case.
• Details of the family and other relatives of the deceased must be provided. This should include their respective residence proof.
• Details of the rights needed by the petitioner.
• The petition should indicate there is no reason to reject the application.
• Details of debts and securities for which the rights are asked by the petitioner through such a certificate.

Procedure to Obtain a Succession Certificate

Here is the detail of the legal procedure to get the succession certificate:

• The applicant should prepare a petition with the help of a legal practitioner. The petition must be verified and countersigned by the petitioner. After completing the petition, it should be submitted to the district judge’s court. The petitioner should ensure that the case falls within the jurisdiction of the district court.
• After receiving the petition, the district judge will assign a date for the preliminary hearing of the petition submitted by the applicant/petitioner. If the judge accepts the petition, he will fix a day for the hearing and send notice of the same to whomever he thinks fit.
• After hearing all the related parties in the matter, the judge will pass the decision on the eligibility of the applicant for the succession certificate. If the judge is satisfied with the petition, he will grant the certificate to the petitioner.
• Before giving the final certificate, the district judge may also ask the applicant to submit a bond with one or more sureties as a security against any possible loss arising out of the misuse or utilization of such certificate in the future.

Note: The district judge may grant an extension for including any other debt or security within the earlier application.

• The Succession Certificate is valid all over India. However, if the certificate has been granted to a foreign resident by an Indian representative (appointed by the government), of such a country, the certificate will stand valid as long as it is properly stamped.

Use of Succession Certificate

The main purpose of this certificate is to protect all parties paying debts. The certificate holder is empowered to receive interest or dividend on the securities of the deceased. He can also negotiate or transfer such securities by claiming ownership with this certificate. Succession Certificate may give the right over the securities and debts of the deceased to the certificate holder, but it does not guarantee direct heirship to the certificate holder. To claim legal heirship, the petitioner must apply for legal heirship.

Difference between Legal Heir and Succession Certificate

• A Succession Certificate is usually issued by the civil court and there are separate procedures to get a legal heirship certificate.
• Legal heir certificate is restricted to matters like claiming employee benefits of the deceased, property registration, insurance claims etc.
• Concerning the settlement related to any property which is disputed or under court litigation, a Succession Certificate is significant.