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.
Archives: FAQs
Can more than one person jointly hold a succession certificate?
Yes. The court may grant a joint succession certificate to multiple applicants if it deems appropriate.
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 a succession certificate be challenged or revoked after it is granted?
Yes, a succession certificate may be revoked if it is found to have been obtained by fraud, misrepresentation, concealment of material facts, or if a subsequent valid will or superior legal claim comes to light.
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 resolve disputes between legal heirs regarding their respective shares?
No, a succession certificate is not an ownership proof. It does not adjudicate disputes relating to inheritance, title, or the quantum of shares among legal heirs.
Elaborate upon the legal position of sons and daughters under the Hindu Succession Act, 1956.
The 1956 Hindu Succession Act accords sons and daughters’ equal status as heirs, ensuring uniform inheritance rights and expressly discarding any distinction based on gender.
How are a daughter’s rights in ancestral property determined?
Pursuant to the Hindu Succession (Amendment) Act, 2005, a daughter is recognised as a coparcener by birth, vesting in her the same proprietary interest, rights of partition, and liabilities as those of a son