Whether Court can issue succession certificate in favour of the petitioner even if the petitioner could not produce survival certificate in support of his claim that he is the legal heir of the deceased?? can court may issue succession certificate on the basis of other documents like death certificate, ID card of legal heirs, no objection by anybody after paper publication etc?
Succession itself implies survival certificate, when other surviving LRs of deceased have submitted their NOC/ affidavit, the court shall consider and issue certificate.
Survival certificate is issued by SDM and succession certificate is issued by civil court. Survival certificate is not only necessary to obtain a succession certificate but also necessary for mutation of the names of the legal heirs of the deceased in the land records. In all cases where a persons prays for succession certificate I have seen that the survival certificate issued by the the SDM is adduced as a prima facie evidence to prove that petitioner is the legal heir of the deceased and how much share he is entitled to receive. Now my client has not applied for survival certificate before the SDM. So now whether court will allow the succession certificate in absence of the survival certificate? How the petitioner will prove that he is the legal heir of the deceased and his share in the estate of the deceased?
It depends purely on te procedures followed by the local court in this regard. In our place, such a thing is unheard of.
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Dr J C Vashista
