Answer By law4u team
Yes, a public notice is usually issued during the process of obtaining a succession certificate. Here’s why and when it is done: 1. Legal Requirement under Indian Succession Act, 1925: When a person applies for a succession certificate under Section 372 of the Indian Succession Act, the court—after receiving the petition and verifying its prima facie validity—issues a public notice. 2. Purpose of Public Notice: The objective of issuing a public notice is to: Inform the general public about the pending application. Give an opportunity to any person who may have an objection or a better claim to the deceased person’s debts and securities. Ensure transparency in the process and avoid future disputes. 3. Mode of Issuance: The court issues a notice in a local newspaper or sometimes displayed on the court notice board. The notice invites objections to the issuance of the certificate. It usually provides a 30-day period within which objections can be filed. 4. What Happens Next: If no objections are received within the prescribed period, the court proceeds to issue the certificate after hearing the applicant. If objections are filed, the court may conduct a hearing, take evidence, and then decide whether to grant the certificate or not. Summary: Yes, a public notice is an essential step in the succession certificate process. It serves as a legal safeguard to notify potential claimants or objectors before the court grants the certificate to the applicant.
