Succession Certificate (SC) is required when somebody inherits any immovable or movable property under the various relevant Laws in the country. The majority of these issues are covered under the Hindu Succession Act. However, the minorities are covered by their community acts or the Indian Succession Act. This issue needs to be understood in the right perspective for both categories.
For Movable Properties
SC is a document which is issued by the court specifically for claiming movable properties by the successors of the deceased. It is significant, and proper advice should be sought while making and implementing these. Mostly Banks don’t release funds or FDs without a document of this type granted to the successor. It is applied for movable assets like bank deposits, FDs, etc. If someone dies ‘intestate,’ (without leaving a Will) it can be granted by the Civil Court to release the debts and securities of the one who is no more. It establishes the legitimacy of the heirs and gives them the authority to get the deposits and other assets transferred in their names. It is issued by the applicable laws of inheritance on an application filed by the beneficiaries in a court of relevant jurisdiction. Timely advice from lawyers for ownership claims has helped many a troubled NRI solve his inheritance issues.
- The first step for any beneficiary is to file for an SC in the same court within whose jurisdiction the dead person resided, to inherit the assets of the deceased or even get them transferred in his name.
- The document/certificate that is issued establishes the authenticity of the petitioner and gives him the authority to have the assets transferred to his name. Along with authority, the beneficiary will also carry with him the full responsibility and liability of honoring any debt or security attached to that particular property.
- For all applications made by a recipient to a court of competent jurisdiction, the document in all cases is issued as per the applicable laws of inheritance.
For Immovable properties
In this case, we have situations when legal heirs stake ownership of title and possession. The title of a property can be transferred through a systematic process of transfer which can be based or done through a factum of a Will or Law of Natural Succession where class I legal heirs are the inheritors. Also, a transfer can take place when the person is alive too, through a Gift Deed. In other cases, a person can claim his right through a partition.Â After the completion of these procedures, the person stands entirely in ownership control. All related services can be taken care of by our firm, including getting documents and also sale if you want later on.
- Even if an overseas citizen were to know details about land that he thinks belongs to him, in many cases he finds himself in a situation where either parent or an uncle/aunt has died without making a Will.
- Just knowing that a piece of land is his cannot help much – proper documentation is needed to assert a claim.
- There are rules that determine the manner in which all the assets of the deceased are passed on to the heirs.
- It is not easy for him to understand how to get legal heir certificates and he will always need appropriate advice on these matters.
While applying for such a document, the following information is required:
- The time of the death of the deceased, or the Death Certificate as proof.
- Place of residence of the dead person or if such residence is not within the jurisdiction of the district judge then, any other property of the same individual falling under the purview of the district judge to whom the application is made.
- The details of the family and other kith and kin of the deceased and their residential addresses.
- Proof of what right or what capacity he should be nominated as the successor of the departed.
- Sufficient evidence that the said asset does not fall under the restrictive cases and there is no dispute to his claim as a successor.
- Complete details of any debt or security attached
We, with our experience of many years and our network of competent lawyers, ensure that our clients get accurate legal advice for property claims at every stage of this process. Right from educating them about the necessary procedures, to helping with the legal formalities in a hassle free manner, we make sure that no client is ever left alone.