Under the Income Tax Act, 1961, a person is an NRI if they do not qualify as a resident in India for the relevant financial year. Also, if a person stayed in India for less than 182 days in the relevant financial year subject to statutory conditions.
FAQ Category: Services
Who is eligible to apply for a succession certificate?
Any legal heir of the deceased may apply for a succession certificate. The court grants the certificate to the person who appears to have the best prima facie claim.
Does a succession certificate have nationwide validity?
Yes, a succession certificate is valid throughout India.
What types of assets can be claimed through a succession certificate?
A succession certificate is applicable to the deceased’s bank balances, fixed deposits, shares, debentures, provident fund dues, insurance claims, and other financial receivables. It does not applicable to immovable property.
Can debts or securities not mentioned in the original succession certificate be claimed later?
Yes, if additional debts or securities of the deceased are discovered after the grant of the succession certificate, the holder may apply to the court for an extension or amendment of the certificate to include such assets.
Can one firm handle cases in multiple Indian cities for an NRI?
Yes, larger law firms and NRI desks often work with local counsel networks to coordinate cases across different states while keeping you updated through a single point of contact.
Before buying a property how can I verify it?
To confirm that a property is genuine, all property documents should be duly checked keeping in mind the chain of ownership, a title search can be conducted, land records must be checked at the registrar’s office, and most of all is the physically inspection of the property.
How can I procure the land records?
One can either visit the Patwari/Circle Officer/Tehsildar Office for procuring the hard copy of Records of land or can get a copy of the same through Common Service Centres (CSCs)/Kiosk or at a Service Guarantee Centre. Some of the documents can also be accessed on websites of concerned State/UT.
What is the legality of the digitally signed records?
The Digitally signed land records obtained via CSC/Kiosk portals after paying the prescribed fees are valid in the eyes of law and recognized by the government. They carry the same legal weight as of paper records.