Can multiple succession certificates be issued for the same property?

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Answer By law4u team

No, multiple succession certificates cannot be issued for the same property. Once a succession certificate is issued by a competent court, it is considered as conclusive proof of the legal heirs of the deceased and their respective shares in the assets. The certificate is valid throughout India and is not subject to any further challenge. If there is a dispute among the legal heirs regarding the distribution of the property, they may approach the appropriate court to resolve the matter. In such cases, the court may appoint a commissioner to divide the property among the legal heirs or may order the sale of the property and distribution of the proceeds among the legal heirs according to their shares.

Answer By Ayantika Mondal

Dear client, In the Indian legal context, a succession certificate is a crucial legal document that establishes an individual's right to inherit the movable properties of a deceased person. However, the question of whether multiple succession certificates can be issued for the same property is a complex one, and it fundamentally hinges on the principles established by the Indian Succession Act, 1925, and the circumstances surrounding the succession of the estate. According to the Indian Succession Act, a succession certificate can be granted to a legal heir or a group of heirs. Generally, only one succession certificate can be issued for the same property at a time to ensure clarity and avoid conflicting claims. This singular nature is pivotal; the purpose of such a certificate is not only to establish the rights of the heirs but also to provide security to those dealing with the property, such as banks or other financial institutions, by clearly identifying the rightful owner of the deceased’s assets. When there are multiple claims on a property or when there are disputes among heirs, the Indian judiciary typically does not issue separate succession certificates for each claim. The court will examine the merits of the claims presented and determine which applicant(s) are entitled to the succession certificate based on evidence, such as documentation proving their relationship to the deceased and the absence of opposing claims. In situations where there are conflicting claims, the court may appoint a mediator or refer the matter to a civil suit, which would take more time and involve detailed hearings to resolve the disputes over inheritance. If a succession certificate is issued, it remains valid unless revoked by the court upon grounds such as fraud, misrepresentation, or any substantive change in circumstances affecting the claim to succession. Therefore, while multiple individuals may request a succession certificate for the same property, the legal procedures in place will prevent the issuance of more than one certificate at any single point in time. In some cases, if there are co-owners or co-heirs who have obtained succession certificates for different assets or parts of the estate that are divisible, these may not technically conflict with one another, but they cannot claim the same property unless the certificate specifies differently or the other legal heirs consent. It’s essential for heirs to come to an agreement regarding the succession process and distribution rights to avoid prolonged legal battles that can arise from competing claims. Furthermore, following the issuance of a succession certificate, should any disputes arise or additional claims emerge, the legal heirs can approach the court to modify or clarify the terms and rights defined in the initial certificate, but they cannot obtain a new succession certificate unless the original is revoked. I hope this answer helps, in case of future queries please feel free to contact us. Thank you.

Answer By Anik

Dear client, A succession certificate is a crucial legal document issued by a court under the Indian succession Act, 1925. It grants the rightful legal heirs’ authority to inherit debts, securities, or other assets of a deceased individual. Legal framework governing succession certificates The issuance of a succession certificate is governed by the section 370 to 390 of the Indian succession act, 1925. More then one succession certificate be issued: General rule: one succession certificate per estate or debt The general legal principle is that only one succession certificate is issued per estate or debt to avoid conflicting claims. The courts exercise due diligence in verifying the claims of the applicant to ensure that the rightful heirs receive the certificate. Exceptions: when multiple succession certificate can be issued While the law generally discourages multiple certificates for the same property. There are certain circumstances under which multiple succession certificate may be granted: • Different jurisdiction and unawareness of prior issuance If the legal heirs apply for a succession certificate in different courts unaware of an already issued certificate may be granted mistakenly. • Different assets or portions of the estate: If an estate consists of multiple properties, debts, or securities, courts may issue separate succession certificate for different portions of the estate. • Revocation of a previously issued certificate: If a succession certificate is revoked due to fraud, misrepresentation, or concealment of material facts, the court may issue a fresh certificate to the rightful claimant. This does not mean two valid certificates exist simultaneously: rather, one replaces thee other. • Multiple legal heirs applying separately In cases where multiple heirs apply separately without coordination, the court may initially issue multiple certificates. However, this is rectified when one party challenge the issuance, leading to cancellation or consolidation of the claims. Preventive measure to avoid multiple succession certificates; • Conduct proper searches: before applying, legal heirs should check whether a certificate has already been issued. • Coordinate among heirs: families should communicate and apply jointly rather than filing separate applications. • Submit comprehensive documents: providing all necessary legal documents upfront prevents objections and potential revocation. • Public notice and court verification: courts publish notices inviting objections before issuing a certificate, allowing others to challenge improper claims. hope this answer helps, in case of future queries please feel free to contact us. Thank you.

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