After an individual's death, their estate, including assets, debts, and liabilities, must be managed, distributed and inherited. In India, a succession certificate is an essential legal document that gives the holder the authority to oversee the deceased's debts, securities and liabilities.
What is a Succession Certificate?
A
succession certificate is issued through the court (Indian Succession Act of
1925). It proves the entitlement of the legal heirs to the deceased's assets.
The certificate is required to collect debts and securities, such as bank
accounts, fixed deposits, insurance policies, and shares.
1. Legal Authority: Heirs get legal authority to manage, distribute and inherit the
deceased's assets.
2. Clarity in Claims: This document clarifies the rightful heirs, minimizing disputes among
family members.
3. Financial Transactions: Banks and institutions require this certificate
to release funds or transfer the deceased's assets.
1. Class I Heirs: Spouses, children, and parents of the deceased.
2. Class II Heirs: Siblings, grandparents, and other relatives as defined by law.
3. Legal Representatives: Persons legally appointed to manage the
deceased's estate.
- Death certificate of
the deceased.
- Applicant's Identity
proof and address proof.
- Affidavit stating the
relationship with the deceased.
- Details of assets and
debts.
- Will, if available
(though a succession certificate is usually required even in the presence
of a will).
2. File a Petition: The application for a succession certificate has to be filed in
the district court of the appropriate jurisdiction where the deceased resided
before the date of his/her demise. The petition should broadly include:
- A description of the
deceased's assets and liabilities.
- The names and
relationships of all legal heirs.
- An affirmation about
the applicant being a legal heir.
3. Payment of Court Fees: The fee for obtaining a succession certificate varies based on the value of the estate/assets. It is calculated per the percentage of the total value of assets and may differ from state to state.
4. Court
Proceedings: After filing the petition, the court will notify all legal
heirs, allowing them to contest the application if necessary. If there are no
objections, the court shall proceed with the required stages.
5. Issuance
of Certificate: If the court finds the application valid and unopposed by
any other party, it will issue the succession certificate. The certificate will
detail the legal heirs and the extent of their share in the deceased's estate.
Documents required for Succession Certificate:
The
deceased's original death certificate issued by a relevant authority.
2.
Application/Petition
A duly
filled application or petition seeking the succession certificate should
include details of the deceased and the legal heirs, along with the assets
being claimed by the legal heirs of the deceased.
3. Identity
Proof of Applicant
- Any Identity proof
issued by the government (like the applicant's Aadhaar card, voter ID, or
passport).
- An NRI might not be
eligible for the above IDs, so an OCI (Overseas Citizen of India) card
shall be valid ID proof.
4. Address
Proof of Applicant
- Proof of residence of
the applicant, with current address, which can be a utility bill, rental
agreement, driving license or any such government document.
Duration of
the Process
Tips to
Navigate the Application Process
1. Consult a Lawyer: Engaging a legal professional assist in handling the complexities of
the application process. They can ensure that all documents are in order.
2. Maintaining Records: Maintaining a copy of all the documents that have been submitted and
received, including court orders, is important for further correspondence with
authorities. Such record maintenance assists in keeping the process organized
and helps to avoid potential issues.
A
succession certificate is essential in managing a deceased person's estate in
India. The process is intimidating, but if you have an understanding about the
steps, an NRI can manage it with ease. Ensuring all necessary documents are in
place and seeking legal advice if needed, heirs can navigate the process
effectively.
