Answer By law4u team
Yes, an NRI (Non-Resident Indian) can apply for a Succession Certificate in India under the Indian Succession Act, 1925. The certificate is issued by an Indian civil court and authorizes the applicant to inherit debts and securities (like bank accounts, shares, bonds) of a deceased person who was a resident of India or had assets in India. Here are the key points: Who can apply: - Any legal heir of the deceased person, including an NRI, can apply. - The applicant must be a legal heir as per personal laws (Hindu, Muslim, Christian, etc.) applicable to the deceased. Where to apply: - The application must be filed in the district court (usually a civil court) having jurisdiction where the deceased person: - Resided at the time of death, or - Owned immovable property or assets. Documents required: - Death certificate of the deceased - Proof of relationship with the deceased (legal heirship) - ID/address proof of the applicant (passport, Aadhaar, etc.) - Details of debts and securities for which the certificate is needed - NOC (No Objection Certificate) from other legal heirs (in some cases) Additional points for NRIs: - The NRI may need to file the application through a power of attorney holder if they are unable to appear in court personally. - An NRI must ensure the documents (like affidavit, POA) executed outside India are attested by the Indian embassy or consulate in their country of residence. Court process: - The court will issue a public notice and, after verifying no objections are received, may grant the certificate. - This process usually takes a few months.
