The Indian court grants succession certificate to anyone qualified legally as the heir of a dying person who has left inheritances, securities, and debts. A person is said to have passed away intestate when he/she does not leave a legally valid Will before death.
When Succession certificate gives the right to the holder to pay the debt or covey the property to the holder of the certificate without finding out one on whom the law bestows the right to succeed the possession.
Succession certificate makes prior supply as regards compensation to persons owing debt concerning the transacting records or dealings between the certificate grantee. For this reason, many institutions and person inquire for succession certificate before paying the debts or properties of the departed in favor of the person claiming such debts or property.
Steps for procurement of Succession Certificate
To procure succession certificate, a written request should be sent to the district judge who is in charge of the territory where the deceased person lived at the time of his death, or if, the deceased has no stable place where he lived, the district judge in charge of the territory where any part of the assets may be found.
Application for Certificate
A request for succession certificate must contain the following particulars:
- Time of death of the deceased
- Domicile or information that includes the details of properties of the deceased at the time of death within which Judge of that territory falls under
- Details of family or other close relatives
- The privileges of the supplicant
- The absence of any hindrance to the grant of the certificate
Allocation of Certificate
On request for the certificate, if the District Judge is satisfied as to the basis of requesting for the certificate, he can grant a moment where he listens to persons and understands their opinions. After hearing all participators, the Judge can decide the privilege of a person to be issued the succession certificate. The Judge would then give instructions for grant of a certificate indicating the debts and properties in the application. Authorizing the person to receive income or bonus or to ease in any form of transaction.
Limitations on Succession Certificate
A court requires a guarantor or sometimes guarantors for submitting an estimate of debts and securities received by the grantee of succession certificate for secure the persons who may have right to any part of the debt or securities.
The cogency of Succession Certificate
A succession certificate has its agency throughout India. If a certificate is granted in another country other than India, by an authorized Indian representation licensed to that State, it should be stamped by the Court Fees Act 1870 to be as valid as the certificate granted in India.
