Documents For Succession Certificate

Updated on September 14, 2024 01:15:13 PM

Succession Certificate plays an important role in transferring the property of an intestate to their legal heirs. Obtaining Succession Certificate deals with a legal procedure that ensures the fair distribution among their rightful heirs. Proper documentation is a vital aspect of the procedure since it acts as confirmation of the applicant's identity and relationship to the deceased.

If you also want to know about the whole documentation, you can continue reading this article. In this article, you will get the complete list of documents required to get a Succession Certificate.

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What is Succession Certificate?

Succession Certificate is a court-issued legal document used to transfer assets from a deceased person to their legitimate heirs. The Indian Succession Act, section 372 permits an individual to apply for the Succession Certificate by submitting an application.

To get a Succession Certificate, the applicant has to follow the legal process. The court examines all of the applicant's claims in this case and guarantees that the assets are fairly distributed to all heirs who are eligible as successors.

Procedure for Succession Certificate

The following outlines the process for obtaining a Succession Certificate, from filing a petition to court approval:

  1. An individual who wants to acquire the assets of an intestate, he/she has to file a petition in the district court. Filing the petition is an initial step for obtaining the Succession Certificate. In that petition the applicant has to mention the deceased person’s death date, place, their family members and their residence.

  2. After petition filing, the court examines the application and sends the notice to all the legal heirs who are eligible to administer the property of the deceased. At this stage, a publication occurs in the newspaper that helps in fair distribution among all the legal heirs. Within 45 days from the publication if anyone has an issue regarding the distribution so they can raise an objection.

  3. The court summons the concerned authority to determine the asset's current value after sending the notice. As court fee, the court charges 2 to 3 percent of the total amount of the assets after evaluating the value.

  4. At the last step, the court will grant the Succession Certificate to the applicant if any objection does not arise during these 45 days provided by the court. Otherwise, this process can take more time for obtaining the certificate.

Required Documents for Succession Certificate

The complete list of the documents required for a getting succession certificate is listed below :

  • Death Certificate: As proof of a deceased person, a certified death certificate is compulsory for the succession certificate.

  • Identity Proof of Deceased: The identity proof of the deceased, such as an Aadhar Card, Passport, Voter ID card, or PAN card is required.

  • Residence Proof of Deceased: The residential proof of the deceased is also required such as Utility bills, Rent-agreement or Ration card.

  • Identity Proof of Heirs: Identity and Residential proof of all the legal heirs are also required documents for the succession certificate.

  • Legal Heirship Affidavit: A Legal Heirship is a formal document that declares the applicant as a legal heir of the assets of a deceased person. This affidavit is issued by the local authority such as tahsildar, taluka, municipality or city corporation.

  • Inventory of Assets: A list of the immovable property or assets of the deceased, such as bank accounts, vehicles, stocks, FDs and others.

Why Litem Legalis?

Litem Legalis is a team of experienced law firms with years of experience. If no objections are raised during the procedure, obtaining a Succession Certificate can be a lengthy and complicated process that takes 5 to 6 months. Here, legal advisors will make it easy for you to obtain the certificate. Our team will work to make the entire process simple.

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Conclusion

Obtaining a Succession Certificate requires the submission of various important documents. These documents play an important role in establishing the authenticity of the heirs to the deceased person's estate. The death certificate serves as proof of the passing of the deceased, while proof of relationship establishes the connection between the deceased and the applicant. Identity proof ensures the identification of the applicants, and residence proof confirms their address and residence.

Frequently Asked Questions (FAQs)

What is a Succession Certificate?

A Succession Certificate is a formal document provided by the court to facilitate the transfer of movable property owned by a deceased person's heirs.

What documents are required for the Succession Certificate?

Death Certificate, Pan Card of all legal heirs, Address proof of all legal heirs, and Written application form are the required documents for the Succession Certificate.

What is the fee for a Succession Certificate?

The heirs have to submit 2 to 3 percent of the total value of assets as court fees for the Succession Certificate.

Who issued the Succession Certificate?

Succession Certificate by the Civil Court where the deceased person was a resident at the time of the death.

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