APPLICATION FOR GRANT OF
SUCCESSION CERTIFICATE
SUCCESSION CERTIFICATE
A succession certificate, under the Indian Succession Act, is a document
that gives authority to the person who obtains it, to represent the deceased
for the purpose of collecting debts and securities due to him or payable in
his name.
Section 370-390 of the succession act.
The Indian Succession Act, 1925 defines a succession certificate as a
certificate issued by a court to the legal heirs of a deceased to establish the
authenticity of the heirs and give them the authority to inherit debts,
securities and other assets of the deceased.
Section 381
Protection to the parties paying debts
No adjudication of title of the deceased
Section 376 – Extends only to the specified debt or security
Not Provided in case of there is a Will
Fee – 3% of total value of the property will be charged.
Newspaper notice for 45 days is issued by the court
WHO CAN APPLY
SUCCESSION CERTIFICATE?
I. Sound mind person
II. Major person
III. Person having an interest in estate of deceased
IV. Secretary of state
V. Person having beneficial interest in the debt or security of deceased person.
Before the District Judge – Deceased ordinarily resided at the time of death
- No Fixed Place of Residence – any part of the
Property of deceased may be found
PARTICULARS FOR THE
APPLICATION OF SUCCESSION
CERTIFICATE:
I. Date of death of deceased
II. Place of residence of deceased
III. Family of Deceased and their respective residences
IV. Right of Petitioner - The application must show some title or interest in
the debt or security, in respect of which they has applied for the
certificate. If two or more persons apply, the court must decide who has
the preferential claim.
V. Absence of any impediment
VI. Debts or security in respect of which the certificate is applied for.
RESTRICTIONS
under section 370 (1) of the Act, as to any debt or security to which a
right is required to be established by probate or letters of administration;
that too, if sections 212 of the Act applies; if section 213 of the Act
applies;
that is to say that where law requires probates or letters of administration
as mandatory to establish right to property as in the cases of Parsis, Jews,
East Indians, Europeans and Americans.
Provided that nothing will prevent as to granting a succession certificate
to any person entitle to the effects of a deceased Indian Christian or any
part thereto pertaining to any debt or security, that the right can be
established by letters of administration.
GROUNDS FOR REVOCATION OF
SUCCESSION CERTIFICATE
Section 383
Process for obtaining the certificate was defective
Certificate was obtained fraudulently.
Certificate becomes useless and inoperative due to circumstances.
Decree or order of other competent court in dealing with the debts and
securities of the same
Against an order of the District judge, in the matter of grant, refusal or
revocation of certificate, a person may appeal to the appropriate High
Court.
