Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Inheritance of shares of the deceased

Querist : Anonymous (Querist) 01 May 2018 This query is : Resolved 
My cousin, his wife and their son were Indian Citizen but acquired British citizenship quite a long time ago. About 3 years ago his wife passed away in London. She had no property either in India or in London except some shares in an Indian company. She held it in her sole name and had not nominated any one . She died intestate. My cousin approached a competent London Authority and obtained a Succession Certificate in his name. With this paper he approached the Transfer Agents of the company for transfer of the shares to him. The Agents after a long delay refused to transfer the shares. They advised him to obtain a Court Order from an Indian Court. He can't do it as he resides in London and governed by UK Laws. He reached a state of impasse. What remedial action is available to him? Will be thankful for assitance
Ms.Usha Kapoor (Expert) 02 May 2018
In India through a court of competent Jurisdiction you can obtain a succession certificate.



• Home
Family Law How to obtain a succession certificate and What are the uses of succession certificate?
How to obtain a succession certificate and What are the uses of succession certificate?
March 6, 2015 Administrator
Search within this website for Acts, Case Briefs, Legal FAQs, Law Schools, Law Events and all other Law Information


When a deceased person does not make a Will and dies then a document named Succession Certificate is obtained in India and it is governed by The Indian Succession Act 1925. A Will is a legal document that states the person’s wish for division of property. Succession Certificate is used as a legal document wherein a deceased person’s debts and securities are known. It is also used to transfer property and possessions of deceased person to his/her rightful heirs. A qualified friend gets the authority under Succession Certificate to distribute the deceased’s things.
To obtain a Succession Certificate a person has to make an application in the court. It will usually be where the property of deceased relative is situated or that person resided. Upon checking the value of the estate of the deceased, the matter will go to such type of court which usually deals for that value matter and it is known as pecuniary jurisdiction. As per section 380 of The Indian Succession Act,1925 Succession Certificate is effected throughout the whole India.
After applying to the court, all the names of other heirs of the late relatives as respondent has to be informed. Apart from mandatory notice to the respondents, a newspaper notice is also issued. It roughly takes around 6 – 8 months from the date of filing to receive a Succession Certificate. Both District Court and High Court have concurrent jurisdiction and a petition for Succession Certificate can be heard. A petition should contain the relationship of petitioner with the deceased. The time, date, place of death details should also be mentioned in it and attach the death certificate and any other documents as the court may require. When a newspaper notice is given it specifies a time frame within which, if anyone who has objections can do so, usually it will be one and a half month time frame. If it is not contested and if the court is satisfied then it will issue a succession certificate to the petitioner.
Where a Probate of Letter of Administration is necessary then Succession by deceased when he gets the certificate and any payment to grantee will be a discharge of debt.

Certificate is not granted in those cases. The court also levies some percentage of value of estate as a fee which may be 3% of value of asset. When the certificate is handed over to the concerned person he/she has the authority to distribute assets as per succession laws. In Muthia vs Ramnatham, (1918 MWN 242) it was held that a grantee gets the title to recover the debt due

Ms.Usha Kapoor (Expert) 02 May 2018
In India through a court of competent Jurisdiction you can obtain a succession certificate.



• Home
Family Law How to obtain a succession certificate and What are the uses of succession certificate?
How to obtain a succession certificate and What are the uses of succession certificate?
March 6, 2015 Administrator
Search within this website for Acts, Case Briefs, Legal FAQs, Law Schools, Law Events and all other Law Information


When a deceased person does not make a Will and dies then a document named Succession Certificate is obtained in India and it is governed by The Indian Succession Act 1925. A Will is a legal document that states the person’s wish for division of property. Succession Certificate is used as a legal document wherein a deceased person’s debts and securities are known. It is also used to transfer property and possessions of deceased person to his/her rightful heirs. A qualified friend gets the authority under Succession Certificate to distribute the deceased’s things.
To obtain a Succession Certificate a person has to make an application in the court. It will usually be where the property of deceased relative is situated or that person resided. Upon checking the value of the estate of the deceased, the matter will go to such type of court which usually deals for that value matter and it is known as pecuniary jurisdiction. As per section 380 of The Indian Succession Act,1925 Succession Certificate is effected throughout the whole India.
After applying to the court, all the names of other heirs of the late relatives as respondent has to be informed. Apart from mandatory notice to the respondents, a newspaper notice is also issued. It roughly takes around 6 – 8 months from the date of filing to receive a Succession Certificate. Both District Court and High Court have concurrent jurisdiction and a petition for Succession Certificate can be heard. A petition should contain the relationship of petitioner with the deceased. The time, date, place of death details should also be mentioned in it and attach the death certificate and any other documents as the court may require. When a newspaper notice is given it specifies a time frame within which, if anyone who has objections can do so, usually it will be one and a half month time frame. If it is not contested and if the court is satisfied then it will issue a succession certificate to the petitioner.
Where a Probate of Letter of Administration is necessary then Succession by deceased when he gets the certificate and any payment to grantee will be a discharge of debt.

Certificate is not granted in those cases. The court also levies some percentage of value of estate as a fee which may be 3% of value of asset. When the certificate is handed over to the concerned person he/she has the authority to distribute assets as per succession laws. In Muthia vs Ramnatham, (1918 MWN 242) it was held that a grantee gets the title to recover the debt due

Ms.Usha Kapoor (Expert) 02 May 2018
In India through a court of competent Jurisdiction you can obtain a succession certificate.



• Home
Family Law How to obtain a succession certificate and What are the uses of succession certificate?
How to obtain a succession certificate and What are the uses of succession certificate?
March 6, 2015 Administrator
Search within this website for Acts, Case Briefs, Legal FAQs, Law Schools, Law Events and all other Law Information


When a deceased person does not make a Will and dies then a document named Succession Certificate is obtained in India and it is governed by The Indian Succession Act 1925. A Will is a legal document that states the person’s wish for division of property. Succession Certificate is used as a legal document wherein a deceased person’s debts and securities are known. It is also used to transfer property and possessions of deceased person to his/her rightful heirs. A qualified friend gets the authority under Succession Certificate to distribute the deceased’s things.
To obtain a Succession Certificate a person has to make an application in the court. It will usually be where the property of deceased relative is situated or that person resided. Upon checking the value of the estate of the deceased, the matter will go to such type of court which usually deals for that value matter and it is known as pecuniary jurisdiction. As per section 380 of The Indian Succession Act,1925 Succession Certificate is effected throughout the whole India.
After applying to the court, all the names of other heirs of the late relatives as respondent has to be informed. Apart from mandatory notice to the respondents, a newspaper notice is also issued. It roughly takes around 6 – 8 months from the date of filing to receive a Succession Certificate. Both District Court and High Court have concurrent jurisdiction and a petition for Succession Certificate can be heard. A petition should contain the relationship of petitioner with the deceased. The time, date, place of death details should also be mentioned in it and attach the death certificate and any other documents as the court may require. When a newspaper notice is given it specifies a time frame within which, if anyone who has objections can do so, usually it will be one and a half month time frame. If it is not contested and if the court is satisfied then it will issue a succession certificate to the petitioner.
Where a Probate of Letter of Administration is necessary then Succession by deceased when he gets the certificate and any payment to grantee will be a discharge of debt.

Certificate is not granted in those cases. The court also levies some percentage of value of estate as a fee which may be 3% of value of asset. When the certificate is handed over to the concerned person he/she has the authority to distribute assets as per succession laws. In Muthia vs Ramnatham, (1918 MWN 242) it was held that a grantee gets the title to recover the debt due

Kumar Doab (Expert) 02 May 2018
Pls post with your ID and not as AQ .. and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

Querist : Anonymous (Querist) 03 May 2018
While I thank you, Ms. Kapoor for you reply my specific question is whether Succession Certificate obtaine from the UK Court is recognised in India? If not, can it be made so, say for example, by affixing suitable stamps as in the case of PoA executed abroad and making it operable in India by the Registrar of Stamps etc?
Guest (Expert) 03 May 2018
A vague advice by Ms. Usha Kapoor! She should know that the Indian Succession Act does not apply on a UK citizen.
Guest (Expert) 03 May 2018
A very vague post by Mr. Kumar Doab!
The anonymous querist would be justified to ask Mr. Kumar Doab, a fake expert with unreal name, whether he is sure to solve the problem, if he/she posts his/her problem with his/her ID.


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