Hi,
Anyone can advise me how to get Succession Certificate?
Thx in advance.
Succession Certificate
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Succession Certificate
by gaja742 » February 28th, 2012, 9:54 am
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gaja742 - Posts: 18
- Joined: June 23rd, 2011, 2:33 pm
Re: Succession Certificate
by vsncas » February 28th, 2012, 12:38 pm
A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts.
It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no objection certificates will be needed.
Now the following are procedure to obtain a succession certificate:
A petition need to be filed with the district court or high court within whose jurisdiction the asset is located.
The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.
The court levies a fixed percentage of the value of the estate as fee for the issuance of the certificate.
Further, the following points shall be considered:
The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered.
In addition to the court fee, the lawyer's fee also needs to be taken into account.
Usually this certificate shall be issued within five to seven months period, provided no body is contested.
Source: The Economic Times dt. 20.02.12 under paper work column in p.no:16
V.SENTHILNATHAN
It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no objection certificates will be needed.
Now the following are procedure to obtain a succession certificate:
A petition need to be filed with the district court or high court within whose jurisdiction the asset is located.
The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.
The court levies a fixed percentage of the value of the estate as fee for the issuance of the certificate.
Further, the following points shall be considered:
The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered.
In addition to the court fee, the lawyer's fee also needs to be taken into account.
Usually this certificate shall be issued within five to seven months period, provided no body is contested.
Source: The Economic Times dt. 20.02.12 under paper work column in p.no:16
V.SENTHILNATHAN
- vsncas
- Posts: 63
- Joined: June 22nd, 2011, 12:57 pm
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