Important of Succession Certificate

When an individual who accrued many assets in their life died so their assets transfer to their heirs. But if the deceased did not create any will at that time it is hard to distribute the estate in a manner. A Succession Certificate plays an important role to transfer the deceased’s property to his/her rightful heirs. Succession Certificate also aids to resolve disputes through legal procedures.

If you are also looking to know more about the Succession Certificate and its importance, you can continue reading this article. In this article, we will deal with the many important procedures and required documents that will help you to get the Succession Certificate in very less time.

A Succession Certificate is a legal document provided by the court for the transfer of immovable property from a deceased person to their legal heirs. An individual may request the Succession Certificate by submitting an application under Section 372 of the Indian Succession Act.

The applicant has to deal with the legal procedure for obtaining the Succession Certificate. Here the court inspects all the claims of the applicant and ensures the fair distribution of the assets among all the heirs who are eligible as a successor.

There are many importance of the Succession Certificate some of these are mentioned below:

• Proof of entitlement:A Succession Certificate is a formal document that serves as proof of entitlement. It helps to provide legal control of the deceased’s property by their heir through the legal procedure.
• Avoiding Disputes:There are many chances to arise disputes among the heirs of the deceased person. However, the Succession Certificate aids to avoid disputes and assures the fair distribution among all the heirs who are eligible for the assets.
• Facilitating Asset transfer:The Succession Certificate plays an essential role during the transfer of the property to the legal heirs of the deceased. This certificate makes the procedure of asset succession smooth.
• Legal Administration:The Succession Certificate is very necessary for holding control over the deceased’s property. It helps grant legal authority over the property and also aids to get control and administration over the assets under the law.
• Protecting Minor’s Rights:In case any legal heir is a minor and he/she is not able to manage the asset of the deceased person here Succession Certificate helps to protect their rights over that property. This safeguards the asset and assures property management until they get adults and are able to take their responsibilities.
• Ensuring Transparency:Transferring the estate through the Succession Certificate creates transparency among the heirs regarding fair distribution. During the procedure of obtaining a Succession Certificate, a stage comes where a publication occurs in the newspaper and mentions the information about the property and their legal heirs. At this duration, anyone who has an issue can raise an objection to it.

Obtaining the Succession Certificate can take 4 to 6 months. Here is the complete procedure mentioned below:

1. An individual who wants to acquire the assets of an intestate, he/she has tofile 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 of him/her, their family members and their residence.
2. After the petition, thecourt examines the applicationand 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 a court fee,the court will charge 2 to 3 percent of the total amount of the assets after evaluating the value.
4. At the last stage, the court willgrant 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.

Below mentioned documents are required for obtaining the Succession Certificate:

• Deceased’s Death Certificate
• Deceased’s Aadhar Card
• Deceased’s Ration Card
• Legal Heirs list
• Aadhar card of all legal heirs
• Properties documents and related proofs

A Succession Certificate is a crucial document that aids in distributing a dead person's inheritance to their rightful heirs. It is necessary to provide smooth succession and transparency, which facilitates fair distribution among all heirs. A Succession Certificate allows the heirs to claim authority over the dead person's moveable assets. The document also gives minor heirs protection upon the legally recognised property succession and safeguards their legal rights.