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.
FAQ Category: Succession Certificate
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.
Can a person having the legal heir certificate sell the property of the deceased person?
A succession certificate holder can sell the deceased’s property. However, a legal heir certificate holder can sell the property of the deceased person only after taking written consent from all the legal heirs of the deceased in the form of NOC, i.e. No Objection Certificate.
Are illegitimate children legal heir?
Yes. Illegitimate children that are born form a man and a woman out of wedlock or they are not married will be considered as legal heirs.
Is a second wife a legal heir?
Yes. If the second wife of the deceased is married legally under the provisions of the Hindu Marriage Act, 1955, then she will be considered as the legal heir of the deceased Provided, the deceased first wife is dead, or his first marriage has been dissolved legally by passing an order of divorce. However, It is to be noted that the children from the first wife will also be termed as the deceased’s legal heir along with the wife the second wife’s children.
Who is a legal heir when the deceased person does not have children, a spouse or parents?
Generally, the spouse, parents and children of the deceased’s person will be considered as the immediate legal heirs. However, if the deceased does not have any of the aforesaid legal heirs, then his or her grandchildren will be the legal heirs. In case, the deceased does not have grandchildren either, then the brothers or sisters of the deceased will be the legal heirs.