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Who can apply for a succession certificate?

Who can apply for a succession certificate?

14-Mar-2023

Succession Certificate

Answer By law4u team

According to Indian law, the following individuals can apply for a succession certificate: Legal heirs: Any legal heir of the deceased person can apply for a succession certificate. Legal heirs may include the spouse, children, parents, and siblings of the deceased. Nominee: If the deceased person has nominated a person for a particular asset, the nominee can apply for a succession certificate for that asset. Creditor: If a creditor has a debt or claim against the deceased person, they can apply for a succession certificate to recover the debt. It is important to note that the rules for who can apply for a succession certificate may vary slightly depending on the specific state or union territory in India.

Answer By Mahalakshmi

Mahalakshmi

Answer By Anik

Dear client, A succession certificate is a legal document issued by a civil court in India that grants the rightful heir(s) the authority to inherit debts, securities, and other assets of a deceased person. The issuance of a succession certificate is governed by the Indian Succession Act, 1925. It is particularly useful in cases where the deceased has not left behind a valid will. Eligibility to Apply for a Succession Certificate Under Section 372 of the Indian Succession Act, 1925, the following persons can apply for a succession certificate: 1. Legal Heirs of the Deceased o The primary right to apply for a succession certificate lies with the legal heirs of the deceased. This includes:  Class I heirs under Hindu law, such as the spouse, children, and mother of the deceased.  In the absence of Class I heirs, Class II heirs (like siblings, uncles, aunts, and grandchildren) can apply. 2. Legal Representatives o If a legal heir is unable to apply, a legal representative (such as an executor, guardian, or nominee) may file the application on behalf of the rightful heirs. 3. Nominees o If the deceased had appointed a nominee for their assets, such as in bank accounts or insurance policies, the nominee may apply for a succession certificate to claim those assets. However, a nominee does not necessarily become the owner of the assets; they hold them in trust for the legal heirs. 4. Close Relatives or Dependents o In the absence of immediate legal heirs, close relatives or financial dependents of the deceased (such as a brother, sister, or dependent parent) may apply for a succession certificate. 5. Creditors (In Exceptional Cases) o Creditors of the deceased may apply for a succession certificate if they can prove that the deceased owed them a legally enforceable debt. However, courts generally prefer granting the certificate to family members before considering a creditor's claim. Jurisdiction and Procedure for Application • The application for a succession certificate must be filed in the District Court within whose jurisdiction the deceased person resided at the time of their death. • The applicant must provide details such as the deceased’s death certificate, list of assets, liabilities, and names of all legal heirs. • The court issues a public notice to invite objections, if any, from other potential heirs or claimants. • If no objections are received, the court issues the succession certificate after verifying the applicant's claim. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.

Answer By Ayantika Mondal

Dear client, A succession certificate is a legal document issued by a court in India that confers certain rights to the holder concerning the property of a deceased individual. It primarily pertains to the debts and securities of the deceased, enabling the recipient to collect debts owed to the deceased and to manage the deceased's properties. The issuance of a succession certificate is governed by the Indian Succession Act, 1925. 1. Heirs of the Deceased: The primary applicants for a succession certificate are the legal heirs of the deceased. The term "heir" encompasses individuals recognized by law to inherit the estate of the deceased. These include: o Spouse of the deceased o Children (including adopted children) o Parents of the deceased o Siblings and other relatives, depending on the line of succession defined under the Act. 2. Class I Heirs: Under Hindu law, Class I heirs (like mother, father, sons, and daughters) hold priority in claiming succession certificates. If none of the Class I heirs exist, the Class II heirs (like grandparents, uncles, aunts, etc.) can apply subsequently. 3. Legal Representatives: If the deceased left a will and a named legal representative (executors) or if there are no heirs willing to apply, a legal representative can be appointed by the court to apply for a succession certificate. This can also include a guardian for minor heirs. 4. Individuals with Interest in the Estate: Those who may not be legal heirs but can demonstrate a legal interest in the estate may apply as well. For example, creditors can apply for a succession certificate if they need to recover debts owed by the deceased. However, their application might be viewed differently than that of legal heirs. 5. Person in Possession of Property: Sometimes, an individual not directly legal heirs but who has rights or possession over the property may seek a succession certificate, especially if their interests are at stake. To apply for a succession certificate, the applicant must file a petition in the appropriate court, usually where the deceased last resided. The application will include details such as: • The relationship of the applicant with the deceased. • The assets of the deceased. • The absence of any pending disputes regarding the estate. This petition must also include the death certificate of the deceased and details of any existing will. A legal notice must be published to notify potential claimants (if any) about the application. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.