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Is a public notice issued during the process?

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.

Answer By Anik

Dear Client, Yes, a notice in public is usually put out during some legal or administrative procedure. For instance, in cases such as obtaining a succession certificate or probate of a will, the court releases a notice in the newspapers or on its notice board to seek objections from the public. Likewise, in business law matters like mergers or winding up, the Tribunal can request a public notice to give notice to creditors or other interest groups. The key reason is to provide an opportunity for anyone who may be affected to raise objections or make claims. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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