Succession Certificate(SC) is a certificate granted by the courts in India to the legal heirs of a person dying intestate leaving behind debts and securities. A person is said to have passed away intestate when he or she does not leave a legal Will document. This certificate entitles the holder to make payment of a debt or transfer securities to the holder of the certificate without having to determine the legal heir entitled to it. It provides reimbursement to all persons owing such debts or liable on such securities with concerns to all payments made to, or contacts had in good faith with a person to whom a certificate as granted. Thus, many organizations and person request for succession certificate in India before settling the securities or debts of the deceased in favour of the individual demanding such debts or securities.
Method for obtaining Succession Certificate
So, how to get succession certificate in India? Well, you need to file a petition to the district judge within the jurisdiction where the deceased resided at the time of his or her death or, if at that time he or she had no fixed place of dwelling, the District Judge within whose jurisdiction any part of the estate of the deceased may be found.
Petition for Certificate
A petition for the succession certificate must contain the following specifications:
- Time of death of the deceased Person;
- Details of properties or residence of the deceased at the time of death within which judge the jurisdiction falls under;
- The rights of the petitioner
- Details of family or other near relatives
- Nonexistence of any impediment to the grant of document
Grant of Certificate
On appealing, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to individuals who, in his or her opinion, should be heard. After hearing all participants, the Judge can decide the right of the applicant to be granted the succession certificate document. The judge would then give an order for grant of the document defining the debts and securities outlined in the application empowering the person to get dividend or interest or to negotiate or transfer or do both.
Restriction on Succession Certificate in India
A court can sometimes require a bond with one or more guaranty or sureties or any other security for providing an account of debts and securities received by the petitioner of succession certificate for assuring the persons who may be entitled to any part of the debt or securities.
Validity of Succession Certificate in India
So, while we learnt that how to get a succession certificate in India we also must know about its validity. A succession certificate has validity throughout the India. If a certificate is granted in a foreign nation by an Indian representation accredited to that State, it should be stamped as per the Court Fees Act 1870 to have the same outcome in India as a certificate granted in India.