Inheritance is understood to be a naturally smooth flowing process, and a lot of people are not even aware of the relevance of the ‘Succession Certificate.’ It is a known fact that a majority of the inheritance issues get covered under the Hindu Succession Act. Some that are related to the minorities are taken to be in the ambit of their community acts – or maybe the Indian Succession Act.
Not many are aware that the need of the Succession Certificate could be related to both movable and immovable properties. It is significant for financial assets like the bank deposits, FDs, etc. and these are not released by the banks unless this document is made. In the case of a person dying without having made a Will, the Civil Court can grant the Succession Certificate to ensure the release of debts and securities of the deceased. It establishes the legitimacy of the heirs and gives them the authority to get the deposits and other assets transferred in their names.
Many NRIs have been saved from unnecessary hassles of inheritance due to the advice of the legal experts regarding this document. 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.
This document can also be granted for immovable properties. This could be in the case of situations where there are questions of ownership and possession. This would require a systematic process of transfer which can be based or done through a Will or under the Law of natural succession.
All related services can be taken care of by our firm, including getting documents and also sale if you want later on. The crucial thing to be remembered is that even if an overseas citizen were to know details about land that he thinks belongs to him, he could be a problem if a parent or an uncle/aunt dies without making a Will. Simply knowing that a property is his cannot help much – proper documentation would be required 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. These issues, however, need to be addressed after taking proper legal advice.
At any point in time when one has to apply for this kind of 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
Since our company has many years of experience of working on property disputes for NRIs, and have a network of competent lawyers, we can ensure that our clients get accurate legal advice for property claims at every stage of this process. Not only do we educate them about the necessary procedures, but we also help them with the legal formalities in a hassle free manner, thus ensuring that no client is ever left alone.