How To Apply For A Succession Certificate?

A succession certificate is a legal document issued by a court that allows the legal heirs of a deceased person to claim and manage the deceased’s assets and property. It is required when there is no will (intestate) or when the deceased has not named an executor to manage their estate. The certificate helps the heirs access the deceased's financial assets such as bank accounts, bonds, or shares. In India, the process of applying for a succession certificate is governed by the Indian Succession Act, 1925, and involves submitting an application to the court, providing certain documents, and following specific legal procedures.

How To Apply For A Succession Certificate?

Eligibility to Apply:

The person applying for the succession certificate must be a legal heir or a person who stands to benefit from the estate of the deceased. Legal heirs can include the spouse, children, parents, siblings, or others depending on the applicable succession laws (e.g., Hindu Succession Act, 1956, for Hindus; Sharia law for Muslims).

Documents Required:

To apply for a succession certificate, the applicant needs to provide the following documents:

• Death Certificate of the deceased person, issued by the municipal authority or local government.
• Identity Proof of the applicant (such as Aadhar card, passport, voter ID, etc.).
• Proof of Relationship between the applicant and the deceased (such as marriage certificate, birth certificate, or any other document establishing the legal heirship).
• Legal Heir Certificate: This certificate is often required as evidence of the applicant’s relationship to the deceased. It is issued by the local revenue officer or municipal authority.
• Details of the Deceased's Assets: A list of the deceased's assets and liabilities, including bank accounts, properties, shares, and other financial assets, should be provided.
• No Objection Certificate (NOC) from other legal heirs (if applicable), stating that they have no objections to the applicant’s claim for the succession certificate.
• Affidavit from the applicant, declaring the truth of the application and the details about the deceased’s estate.

Filing the Application:

The applicant must file a petition in the District Court (or relevant court in the jurisdiction where the deceased last resided) along with the necessary documents. The application should state the name, details, and address of the deceased, along with the names and addresses of the legal heirs. The petition should include a request for the issuance of a succession certificate for specific debts or securities (such as bank accounts, insurance policies, government bonds, etc.) that the deceased owned.

Court Procedure:

• Court Notice: After receiving the application, the court will issue a notice to all legal heirs and other interested parties (such as creditors). The notice is usually published in a local newspaper to invite any objections or claims.
• Verification of Claims: If no objections are raised within the stipulated time, the court verifies the application and the details provided by the applicant. If there are objections, the court will address them before proceeding with the certificate issuance.
• Hearing: The court will hold a hearing where the applicant may need to present evidence of the deceased's assets and the legitimacy of their claim. The applicant may also be asked to provide additional documentation to substantiate their relationship with the deceased.

Issuance of Succession Certificate:

If the court is satisfied with the application and there are no valid objections, it will issue the succession certificate. The certificate will authorize the legal heir(s) to collect and manage the deceased’s debts and securities. The certificate will contain details of the deceased, the names of the heirs, the description of the property, and the liabilities involved. It is valid for a specific period and is typically used for claiming debts, transferring property, or accessing financial accounts of the deceased.

Cost and Time Involved:

• Court Fees: The cost of applying for a succession certificate includes court fees, which depend on the value of the assets and liabilities involved in the estate. The fees may vary based on the court's jurisdiction and the nature of the assets.
• Timeframe: The process of obtaining a succession certificate can take several months (usually 6-12 months) depending on the complexity of the case, the presence of objections, and the efficiency of the court system. If there are no disputes, it may take less time.

Role of Legal Heirs in the Application Process:

• Joint Application: In some cases, more than one legal heir may apply for the succession certificate. If there is a dispute regarding who should inherit the estate, the court may resolve the issue.
• Dispute Resolution: If there are objections or disputes about the applicant’s right to inherit or the distribution of assets, the court will adjudicate the matter and issue the certificate accordingly.

Special Circumstances:

• If the deceased had significant assets or debts, it may be necessary to involve an advocate who specializes in estate management. The advocate can assist in preparing and submitting the application and ensure the legal heirs follow the correct procedure.
• If the deceased’s will is contested or there is a claim against the estate, the process may be further complicated, and probate may be required instead of just a succession certificate.

Example

Case 1:

Mr. Kumar passed away without leaving a will. His wife, children, and mother are his legal heirs. To manage his bank accounts, property, and other assets, his wife (one of the legal heirs) applies for a succession certificate in the district court. She submits the death certificate, her marriage certificate, and a list of Mr. Kumar’s assets. After a brief court procedure, the court issues a succession certificate allowing her to access the bank accounts and other financial assets of the deceased.

Case 2:

Mrs. Sharma, a widow, applies for a succession certificate for her late husband’s insurance policies and government bonds. She files the petition with the district court, providing the necessary documents, including her husband’s death certificate, proof of her relationship, and the asset details. The court verifies the information, issues a public notice, and after no objections are raised, grants the succession certificate to Mrs. Sharma.

Conclusion

Applying for a succession certificate is an essential step for legal heirs to access and manage the property of a deceased person, especially when there is no will. The process involves filing an application with the court, providing supporting documents, and following legal procedures to ensure a smooth transfer of the deceased’s assets. Legal heirs must be prepared for a time-consuming process and possible disputes, but once obtained, the succession certificate grants the legal authority to claim the deceased's estate and resolve any financial matters.