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.
FAQ Category: Succession Certificate
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 a succession certificate be granted for an immovable property?
A succession certificate cannot be granted for immovable property. According to the provisions of the Indian Succession Act, a succession certificate refers to a document which provides the holder of the certificate to receive or pay the securities and debts owned by the deceased on his behalf.
Can succession certificates be challenged?
Yes, it can be challenged. Once the application for succession certificate is filed in the Court, the court will issue notices to all the relatives and legal heirs of the deceased asking if anyone have any objection regarding the grant of the succession certificate to the applicant.
How can I get a succession certificate?
To get a succession certificate, a petition must be prepared and filed in the relevant district court as per the jurisdiction. The relevant jurisdiction will be the ordinary residence of the deceased where he was residing at the time of death.
Who needs a succession certificate?
A Succession Certificate is required when someone wants to inherit the property or assets after the death of an immediate family member under the provisions of the Hindu Succession Act or Indian Succession Act.
How much time does it take to get a succession certificate?
The process to get a succession certificate may take 5 to 7 months. At least 15 to 30 days are required to issue a legal heir certificate.