Succession Certificate for recovery of debts and to transfer property

Bangalore : Succession Certificate is a document issued by an authority or a civil court confirming a right person as a legal heir of the deceased person. If a person perishes suddenly without leaving a Will this authentication is issued as per the laws of inheritance on the basis of an application submitted by a legitimate heir with various documents like death certificate, ration card and many.

This document gives authority to perform obligations, securities and to transfer the assets of the deceased person to their heirs. The succession certificate is released by the legal court under S.123 Indian succession act to the legal heir of a deceased person. This certificate determines the authenticity of the legal heir. If a deceased person left a Will, the entire property and securities will be transformed to the executor of the Will. In such cases Succession certificate won’t be issued by the civil court as per the S.370 of Succession Act.

The process to acquire succession certificate will take hardly 1 year, suppose if any legal heir contradicts the case it may take more than 1 year.  In few cases, especially in case of old properties the original purchase deed with title may not be accessible; in such cases the successor ought to procure the copy from jurisdictional register office. 

If the deceased person domicile is in India, then the succession procedure will be governed by Indian Succession Act, in case the deceased person has passed away without leaving Will and he domiciled in any foreign country, the succession procedure will be carried out by the nation where the domicile possess. But it is obliged to get the succession certificate from legal court of India to a property positioned in India.

How to get Succession Certificate:

• Write an application form and submit it in civil court of the state under where the domicile sited.
• The application should give all the particulars such as full name of deceased person with residential address, affiliation of the requestor, death place with date and time, clear niceties of the family and heirs of the deceased person, possession details of deceased person. Meanwhile, the petitioner must affix death certificate and all the proofs of his rights (which nominate him as a legal heir).
• After submission, on the basis of application details court will issue a notice in the news paper for one and half month. Amid this period, if no one contradicts the application, then legal court will concede the certificate.
• The payment charged by the court will be as judicial stamp paper.
• After receiving Succession certificate the petitioner can transfer the deceased person property.