If an individual died without a will, their possessions are distributed to their rightful successors once the courts have established possession. Dying intestate refers to a circumstance where a dead individual has died without leaving a will or having left one for an illegal reason. This indicates that a will was not created to prove the power and legitimacy of the dead individual’s heir.
This is when a Succession Certificate comes into effect, granting the credential bearer the potential to control the departed individual’s assets as well as obligations. Sections 380,381 and 382 of the Indian Succession Act of 1925 allow a succession certificate bearer to seize the dead individual’s property as well as the liabilities owing.
Process of Acquiring a Succession Certificate
Qualified successors who seek to take possession of the dead individual’s possessions must petition the court. This shall be made in the permitted form and filed after verification in the appropriate court of law. Together with the appeal, a photocopy of the death certificate must be submitted.
The contents listed beneath must be properly included in the plea.
- The time, date, and location of the dead individual’s demise.
- Other legal survivors or successors’ information
- Information about the residence or property’s judicial jurisdiction.
- Plaintiff’s Rights
- Absence of any impediment to certification issuance.
- Government-approved Identity Proof
- A listing of the liabilities or assets whereby the certification is being requested.
- NOC from additional legal successors
The court imposes a set proportion of the worth of the property under The Court Fees Act of 1870. The appellant must pay this amount in Judiciary stamps.
The appeal will then be reviewed by the judge before being publicly disclosed in nationwide media (Newspapers). In addition, the judge will inform all the other successors and claimants. The notification specifies a 45-day deadline for anybody to file challenges to the plea, along with the necessary papers to back up their rights.
If no one claims custody of the departed individual’s property or files an objection within 45 days, then the court awards the applicant the succession certificate provided the legitimacy of the claims is confirmed. The court may order a collective succession certificate if there are multiple applicants. However, only one certificate is issued for each property.
In rare situations, the courts may require the applicant to sign an indemnity pledge to ensure that no damages happen as a consequence of the issued succession certificate being misused. Filing this bond may necessitate the petitioner to provide some form of security to the courts.
The succession certificate is valid across India. Yet, a certification provided in an overseas nation by an Indian official (as chosen by the authorities) affiliated to that nation shall be lawful only if appropriately certified in line with the Courts Fees Act, 1870 to possess the exact force in India as a certificate obtained in India.