tupsi86 28 February 2018

Succession certificate

I need advice on how I can get a succession certificate issued in West Bengal. How much time does it take and what are the steps to get the same.

I am stuck with a lawyer for 2 years and nothing has moved. Is it supposed to take that much time?

Please suggest! Thank you in advance.

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(Guest)

File a petition before your local district court. The petition should state the following in chronological order:

Time of death of deceased
Where the deceased resided at time of death.
Details fo deceased's family & current place of residence.
Whether as petitioner, you claim any legal rights.
That no legal impediment exists u/Sec. 370 to deny you any grant of the succession certificate or its validity either under the Indian Succession Act or any other Act in force

Sign on the right hand corner of the last point (i.e. no presence of impediment) as Deponent. Verify that the contents of your petition are true & nothing has been concealed from the Courrt therefrom. And last, but not the least, file a concise affidavit stating: (i) that the contents of your petition are true (2) that the affidavit was filed per Order 19 CPC & (3) that no other petition of similar nature is pending before any court so as to bar you from the prayer sought.

You may contact at: basu_kunal@hotmail.com for further queries.

Regards

Advocate Kaybee

Please note that if there are any debts or securities in respect of which the application was filed, then you need to mention the same.

Nitish Banka (lawyer) 09 July 2018

succession certificate in India

About Succession certificate

A succession certificate is granted by the court in order that legal heirs get a full authority to control the debts and securities of deceased father or mother, husband or wife. Now since after death of a person a legal heirs are the immediate persons who will get the movable assets of a deceased person. The process of succession certificate is a summary process to determine the authenticity of legal heirs.

succession certificate

About Application to get succession certificate.

In order to get the succession certificate an application under section 372 of Indian succession act is to be filed in the court of senior civil judge, jurisdiction is determined on the basis of where the decease resides or where his assets are situated.

Procedure

The civil judge will examine the application and on first date of hearing would pass following orders

->Publication in leading newspaper.

-> Order SDM of deceased residence to examine legal heirs.

-> order the bank where assets are situated to come up with all records.

Once these steps are cleared and there is no opposition and statements of all legal heirs are recorded the court would grant the succession certificate by furnishing indemnity bond an surety.

If you have queries send here