How to get legal heir succession certificate?
A succession Certificate is the Certificate given by the civil courts in India to the legal heir of a person dying intestate. The certificate is given to the legal heirs in order to realise the debts and securities of the deceased person. It is an important document, but not sufficient to release the assets of a deceased person. The document gives the holder the right to collect any kind of debts or securities due to him or payable in his name.
Procedure for obtaining the Succession Certificate:
For the purpose of obtaining the certificate an application in a prescribed form must be sent to a District Judge in whose jurisdiction the person resided at the time of his death or to a District Judge in whose jurisdiction any of the property of the deceased exists.
The Essentials to be mentioned in the Application are:
- The time of death of the deceased
- The residence or details of the whereabouts of the property
- The rights of the petitioner
- Absence of any sort of impediments in grant of certificate
- Details of family or any other nearby relatives.
After the application has been received the District Judge decides whether the petitioner has the right to be heard or not. If he feels that such a right exists he may start the proceedings and take into consideration the facts put forward by the petitioner. In case where he is satisfied with the facts proved by the petitioner he may grant the Certificate to the petitioner, for the purpose of receiving interest or dividend on the securities or their transfer or both. The court also provides for publishing of a Notice in the newspaper and decides a set time period for any objections. In case no objections are received by the Court in the said time period it may issue the same to the petitioner.
The Court may at times ask for presenting any bond or one or more sureties or security for rendering any account of debts or securities received by the petitioner of the Succession Certificate for indemnifying the persons who may be entitled to any part of the debt or securities.
The Certificate is legally valid throughout India without any restriction. In case the certificate is acquired outside India by a competent authority it must be duly stamped as per provisions of the Court Fee Act, 1870 in order to gain acceptance in India as a legal document.
A legal Heir Certificate is issued by a Tehsildar who is an Officer of Revenue Branch of the state.
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