Succession Certificate

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Succession Certificate

Succession Certificate is a document issued by local civil court and it outlines ownership of assets left by You in accordance with partition/distribution of assets in accordance with relevant personal law. 1. Definition and Purpose:
  • It provides for mean to take control over assets of deceased and outlines mechanism for payment of Debts and Liabilities.
  • It provides for distribution of remaining assets among legal heirs.
  • The legal process is to file a petition with local court for partition among legal heirs;
  • It is essential for transition of ownership of assets in absence of a will.
2. Required Documents:
  • Death Certificate of the Deceased: To confirm death of the person and a fundamental requirement for initiating the succession process.
  • Legal Heir Certificate: List of all legal heirs, crucial for establishing the rightful claimants. Proof of Relationship: to validate the applicant’s connection to the deceased, such as birth or marriage certificates.
  • Identity and Address Proof of the Applicant: Essential for verifying the applicant’s identity and current residence.
  • Affidavit: An affidavit stating the applicant’s claim as the legal heir, often required to clarify the legal standing and intent.
  • No Objection Certificate (NOC): From other legal heirs, if applicable, to prevent future disputes.
  • Property Details of the Deceased: Information about the deceased’s assets, necessary for a clear understanding of what is being claimed.
3. Steps Involved:
  • Petition: The Legal heirs need to file a petition in the jurisdictional civil court where the deceased resided or where their assets are located. This petition should include all necessary personal details, the relationship with the deceased, and a list of the assets in question;
  • Supporting Documents: All documents listed above, including the death certificate, legal heir certificate, and proof of relationship, for verification.
  • Preliminary Hearing: Once the petition is filed, the court conducts a preliminary hearing to examine the case’s validity and the documents’ authenticity.
  • Public Notice: Post the preliminary hearing, a public notice is issued inviting objections, if any, within a specified period, usually 30-45 days.
  • Final Hearing and Certificate Issuance: If no objections are raised, or after resolving any that are, the court proceeds to the final hearing. Upon satisfaction, the court issues the Succession Certificate to the rightful heir.
  • Jurisdiction: The Application must be filed in appropriate court i.e. where the deceased last resided or where their assets are situated. Understanding these jurisdictional nuances is key to a smooth application process.
  • Asset Inventory: All Assets of the deceased needs to be listed in the application to ensure mention in succession certificate to facilitated smooth transition.
  • Debts and Taxes: Outstanding Debts and Taxes are settled from the estate of the deceased.
  • Distribution: Finally, the remaining assets are distributed according to the terms of the Succession Certificate.

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