The validity of a succession certificate under Indian law refers to its legal effect, scope, and duration once it is issued by a competent court under the Indian Succession Act, 1925. Here are the key aspects of its validity: 1. Purpose and Scope: A succession certificate is valid only for the purpose of movable assets, such as: Bank deposits Provident fund Insurance claims Shares, securities, or debts owed to the deceased It authorizes the holder to collect debts and securities on behalf of the legal heirs and gives them legal recognition to manage the financial affairs of the deceased. 2. Territorial Validity: The certificate is valid throughout India, unless restricted by the court. If the assets are situated outside India, additional legal procedures may be required depending on the country's laws. 3. Time Validity: There is no expiry date for a succession certificate. Once issued, it remains valid unless: It is revoked by the court (for example, if it was obtained fraudulently or if a will is later discovered) A competent authority sets it aside It is challenged and replaced by a probate or letters of administration 4. Revocation or Cancellation: Under Section 383 of the Indian Succession Act, a succession certificate can be revoked in certain cases such as: Fraud or misrepresentation in obtaining the certificate Discovery of a valid will later If the grantee fails to discharge duties 5. Limited Authority: It does not decide ownership of the assets. It merely entitles the holder to receive and distribute them. Disputes regarding title or share among heirs must be settled separately through civil court. Conclusion: A succession certificate is permanently valid unless revoked by a competent court. It is a legal document that allows the collection of debts and securities of a deceased person but does not confer ownership rights or apply to immovable property.
Answer By AnikDear Client, Through authorization of the competent civil court under the Indian Succession Act, 1925 Succession Certificate allows the holder to claim debt and securities from a deceased person's estate. A Succession Certificate operates through intestate succession which happens when someone passes away without writing a will. Validity of a Succession Certificate Indefinite Validity: Once a succession certificate is granted, it remains enforceable (valid) all throughout India, unless it is revoked by the competent court. Grounds for Revocation: Under Section 383 of the Indian Succession Act, 1925, a succession certificate may be revoked: If the certificate was procured by fraud or misrepresentation; or, If the proceedings for obtaining the certificate were defective in substance; or, If, by reason of change of circumstances, it has become inoperative; or, If, subsequent to the issue of such certificate, a will, which has come into operation in respect of the estate, has been found to be valid. Geographical Applicability: The certificate is enforceable all over India. But if issued by an Indian authority in foreign lands, it must be duly stamped under the Court Fees Act, 1870, to have the force of law in India. Important Considerations Scope: A succession certificate relates only to movable assets like bank deposits, shares, debts, etc. The certificate fails to protect immovable assets such as land or buildings. Ownership Rights: The possession of a succession certificate gives the holder authority to obtain and collect debt claims along with securities in the place of the deceased while the document does not provide rights to actual ownership. Timeline of Application: There is no statutory limit to the time within which application may be made for. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.
Answer By Ayantika MondalDear Client, Through authorization of the competent civil court under the Indian Succession Act, 1925 Succession Certificate allows the holder to claim debt and securities from a deceased person's estate. A Succession Certificate operates through intestate succession which happens when someone passes away without writing a will. Validity of a Succession Certificate Indefinite Validity: Once a succession certificate is granted, it remains enforceable (valid) all throughout India, unless it is revoked by the competent court. Grounds for Revocation: Under Section 383 of the Indian Succession Act, 1925, a succession certificate may be revoked: If the certificate was procured by fraud or misrepresentation; or, If the proceedings for obtaining the certificate were defective in substance; or, If, by reason of change of circumstances, it has become inoperative; or, If, subsequent to the issue of such certificate, a will, which has come into operation in respect of the estate, has been found to be valid. Geographical Applicability: The certificate is enforceable all over India. But if issued by an Indian authority in foreign lands, it must be duly stamped under the Court Fees Act, 1870, to have the force of law in India. Important Considerations Scope: A succession certificate relates only to movable assets like bank deposits, shares, debts, etc. The certificate fails to protect immovable assets such as land or buildings. Ownership Rights: The possession of a succession certificate gives the holder authority to obtain and collect debt claims along with securities in the place of the deceased while the document does not provide rights to actual ownership. Timeline of Application: There is no statutory limit to the time within which application may be made for. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.
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