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Why is a succession certificate required?

Answer By law4u team

A succession certificate is required to establish the legal right of a person (usually a legal heir) to inherit debts and securities of a deceased person who died without leaving a will (intestate). It acts as a legal document issued by a competent civil court under the Indian Succession Act, 1925. Reasons why a succession certificate is required: 1. Legal authority to claim assets: Banks, insurance companies, and financial institutions generally require a succession certificate before allowing access to or transferring the deceased’s: Bank deposits Fixed deposits Shares and bonds Provident fund Insurance proceeds Debts owed to the deceased 2. Protects third parties: A succession certificate protects the third party (like a bank or debtor) from future claims. Once they hand over the assets to the certificate holder, they are legally discharged of their duty. 3. Valid proof of heirship: It confirms that the person holding the certificate is legally entitled to collect the deceased’s debts or securities and is recognized as a rightful heir (though it does not confer ownership rights over immovable property). 4. Required in absence of a will: If the deceased did not leave a valid will (testament), the legal heirs must apply for a succession certificate to manage the movable estate. 5. Avoids disputes: Having a succession certificate can help reduce legal disputes among family members by establishing clear rights to financial assets. Who can apply? Any legal heir of the deceased person can file a petition in the district court where the deceased resided at the time of death. How is it obtained? A petition is filed before the district judge The court issues a notice to all concerned parties If there is no objection, the court grants the certificate A court fee (varies by state) may be payable In short, a succession certificate is essential for safely, legally, and smoothly transferring movable financial assets of a deceased person to rightful heirs.

Answer By Ayantika Mondal

If a person dies due to any unfortunate incident, then its legal will hold power to succeed or transfer all the assets and the debt of the person. For instance, if a person dies with a legal will written, the ownership of assets would shift to the person he would have specified in the will. Death is an unpredictable thing and is a matter of fact that cannot be avoided. But the concern after the death of an individual is about the succession of their properties and other assets. These assets may include bank balance, real estate properties, vehicles, fixed deposits or any other investments made by the deceased person. To acquire them, you need to get a succession certificate. If the person has written their legal will, then the whole process gets sorted. But if there are no such authorised documents, then taking the help of Succession Law is advisable. The law helps in the succession of property to the deserving person(s) if there is no will from the owner who has died.

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