Succession Certificate

Raval Ramesh (Querist) 05 December 2010 This query is : Resolved
What is Succession Certificate? When it is required? Who gives it? Why it is Required? Is it required when the person is alive or dead to get his/her immovable property transferred in the name of one of the legal heirs?

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A V Vishal (Expert) 05 December 2010
What is Succession Certificate? When it is required? Who gives it? Why it is Required?

Ans. Succession Certificate can be granted by the court to realize the debts and securities of the deceased and to give valid discharge. A succession certificate is a certificate when granted to the person empowers the person to receive interest or dividends negotiate the transfer or any of them with respect to the securities of a deceased person.

He is required to dispose of the amount so realised in accordance with the rights of the person entitled thereto.
The person requiring the Succession Certificate may File an application in the court, where the properties of your deceased relative are situated or where he / she normally resided.
Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court].
With the names of all other heirs of your late relative as the respondents in the matter.
Who may after notice to all concerned and a newspaper notice is also ;issued apart from mandatory notice to the respondents.
Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection.
The court passes the orders for issuance of the Succession Certificate to the person/s making such an application.
Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) to be submitted in the court, where after the Certificate is typed by the court staff, duly signed and sealed and delivered.