Law4u - Made in India

What happens if multiple legal heirs apply for a certificate?

Answer By law4u team

If multiple legal heirs apply for a certificate, such as a legal heir certificate or succession certificate, the following steps generally occur under Indian law: 1. Application Process: All legal heirs can jointly apply for the certificate, or one heir can apply on behalf of others with their consent. In case of disagreement among the heirs, the court will be required to intervene. 2. Verification of Heirs: The authorities (usually a revenue officer, or in some cases, the court) will verify the relationship of each applicant to the deceased person. This might involve providing documents such as the death certificate, family tree, and proof of relationship (e.g., birth certificates, marriage certificates). 3. Dispute Resolution: If there is a dispute among the legal heirs regarding who should be entitled to the certificate, the matter may need to be resolved in court. The court will determine the rightful heirs based on the succession laws applicable (e.g., Hindu Succession Act, Muslim Personal Law, etc.). 4. Issuance of Certificate: Once the application is verified and there is no dispute (or the dispute is resolved), the certificate will be issued either jointly or individually, depending on the application. If issued jointly, all the legal heirs are recognized in the certificate. 5. Court Intervention: If heirs do not agree on the distribution or succession, they may be required to approach the civil court for a declaration of their rights before the certificate is granted. In short, multiple legal heirs can apply together, but if there's any conflict, it may need to be addressed through legal proceedings.

Answer By Ayantika Mondal

Dear Client, With a succession certificate (covered by the Indian Succession Act, 1925), heirs are authorized to break up and get access to movable property belonging to someone who died intestate. Because many people can claim an inheritance, it is important for courts to explain the rules and avoid possible conflicts. Sections 372 and 373 of the Indian Succession Act, 1925. Section 372: Lays out the procedure for making an application. Under 373(4), courts have the power to award certificates together to various applicants who appear to have a prima facie case, according to their respective interests. Joint Application A succession certificate can be applied for by several legal heirs together. By working together in this way, everyone who should receive something is treated equally and the responsibilities of distributing assets are made easier. After verifying the claims, the court can give a single certificate to everyone who applied. Separate Applications If the legal heirs make separate claims, the court will merge them to discover who is the rightful owner i.e. the court will consolidate the multiple applications. Ensuring one certificate per asset and avoiding accidental conflicts is the main duty of the court. Basically, if more than one person seeks a succession certificate, they should make a joint application. Together, all individuals with rights to the property are found, shortening the time needed for legal work. Naming different applications for property can cause delays and likely disputes, because the court must decide who is truly entitled to the property. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Answer By Anik

Dear Client, With a succession certificate (covered by the Indian Succession Act, 1925), heirs are authorized to break up and get access to movable property belonging to someone who died intestate. Because many people can claim an inheritance, it is important for courts to explain the rules and avoid possible conflicts. Sections 372 and 373 of the Indian Succession Act, 1925. Section 372: Lays out the procedure for making an application. Under 373(4), courts have the power to award certificates together to various applicants who appear to have a prima facie case, according to their respective interests. Joint Application A succession certificate can be applied for by several legal heirs together. By working together in this way, everyone who should receive something is treated equally and the responsibilities of distributing assets are made easier. After verifying the claims, the court can give a single certificate to everyone who applied. Separate Applications If the legal heirs make separate claims, the court will merge them to discover who is the rightful owner i.e. the court will consolidate the multiple applications. Ensuring one certificate per asset and avoiding accidental conflicts is the main duty of the court. Basically, if more than one person seeks a succession certificate, they should make a joint application. Together, all individuals with rights to the property are found, shortening the time needed for legal work. Naming different applications for property can cause delays and likely disputes, because the court must decide who is truly entitled to the property. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Succession Certificate Verified Advocates

Get expert legal advice instantly.

Advocate Sami Ullah Mohammad

Advocate Sami Ullah Mohammad

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,Muslim Law,NCLT,Property,R.T.I,RERA,Succession Certificate,Trademark & Copyright

Get Advice
Advocate Sunil Kumar Sharma

Advocate Sunil Kumar Sharma

Consumer Court, Court Marriage, Child Custody, Arbitration, Cheque Bounce, Criminal, Domestic Violence, Family, Motor Accident, R.T.I, Revenue, Divorce, Cyber Crime, Insurance, Anticipatory Bail, High Court, Labour & Service, Succession Certificate, Wills Trusts

Get Advice
Advocate Balakrishna

Advocate Balakrishna

Anticipatory Bail,Criminal,Succession Certificate,Motor Accident,Family,

Get Advice
Advocate Karan Thakkar

Advocate Karan Thakkar

Cheque Bounce, Property, Succession Certificate, Court Marriage, Anticipatory Bail, High Court, Consumer Court, Civil, Supreme Court, Revenue, Wills Trusts

Get Advice
Advocate Nitesh Sharma

Advocate Nitesh Sharma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Labour & Service, Media and Entertainment, Muslim Law, NCLT, Patent, R.T.I, Recovery, RERA, Startup, Trademark & Copyright, Wills Trusts, Supreme Court, Tax, Revenue, Motor Accident, Property, Succession Certificate, Criminal

Get Advice
Advocate Dalpat Raj Parmar

Advocate Dalpat Raj Parmar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue, High Court

Get Advice
Advocate Kumar Shivang

Advocate Kumar Shivang

Anticipatory Bail, Arbitration, Family, High Court, Muslim Law, Motor Accident, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Patent, NCLT, RERA, Recovery, R.T.I, Property, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue, Tax, Breach of Contract, Banking & Finance, Bankruptcy & Insolvency

Get Advice
Advocate Js Bagga

Advocate Js Bagga

Anticipatory Bail, Banking & Finance, Cheque Bounce, Divorce, Family, Domestic Violence, Motor Accident, Insurance, Succession Certificate

Get Advice
Advocate jitendra jain

Advocate jitendra jain

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Criminal, Cyber Crime, Domestic Violence, Family, Insurance, Revenue, Muslim Law, Civil, Breach of Contract, Bankruptcy & Insolvency, Armed Forces Tribunal, Arbitration, High Court, Customs & Central Excise, International Law, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, NCLT, RERA, Supreme Court, Succession Certificate

Get Advice
Advocate Kumar Thombare

Advocate Kumar Thombare

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Muslim Law, Property, Recovery, Succession Certificate

Get Advice

Succession Certificate Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.