Date : 2021-11-18

ELT Corporate has a team of advocates having different professionals under one roof to provide services related to succession certificates in India

It is a document issued by the competent court. This certificate authorizes the successor to realize the debts and securities of a deceased person.

In the case of a person who does not leave a will on his death, it is said to have died intestate. In that case, family members need to get a succession certificate to certify the legal heir.

The succession certificate gives the certificate holder authority over the deceased person's debts and securities.

Application for Succession Certificate

An application is made to district judges by a petition signed and verified by or on behalf of the applicant. The application sets forth the following particulars:

  • The time of death of the deceased
  • The ordinance residence of the deceased at the time of his death.
  • The family or other close relatives of the deceased and their respective residences.

Application Procedure:

1. To draught a petition

The applicant prepares a petition, verifies and signs it, and submits it to the district judge in the appropriate jurisdiction after paying the appropriate court fees.

2 To Submit the Case to the Court

The district judge gives an opportunity for the preliminary hearing of the petition filed by the applicant, and if the petition is admitted, he fixes a day for the final hearing and sends notice of the hearing to whomsoever he thinks fit.

3: To Hand Out a Certificate

After hearing from the concerned parties, if the applicant is right to apply for the succession certificate, the judge will grant the certificate after being satisfied.

Validity of Succession Certificates

The purpose of this certificate is to provide protection to all parties paying debts where such payments are made in good faith.

Revocation of Succession Certificates

According to Section 383(c) of the Act of 1925, an appeal against an order refusing to revoke a succession certificate is not maintainable.

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