Succession Certificate is must required for release of legal debt and security of deceased if deceased died without executing Will or appointing nominee in Bank account or in Insurance policy etc.
Section 372 of the Indian succession act, 1925, enables a person to submit application for grant of succession certificate in respect of debt or security of the deceased who dies intestate
Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a legal Will. Succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organization and person request for succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities.
Procedure for Obtaining Succession Certificate
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
Petition for Certificate
A petition for succession certificate must contain the following particulars:
- Time of death of the deceased;
- Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;
- Details of family or other near relatives;
- The rights of the petitioner;
- Absence of any impediment to the grant of certificate;
Grant of Certificate
On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.
Restriction on Succession Certificate
A court can sometimes require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the debt or securities.
Validity of Succession Certificate
A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.