Answer By law4u team
Yes, a minor can be granted a succession certificate in India, but there are certain conditions and processes involved: 1. Who Can Apply?: - A minor cannot directly apply for a succession certificate. Since a minor does not have full legal capacity to act, an adult (usually the guardian or next friend) must file the application on behalf of the minor. This can be done through a legal representative who acts in the best interest of the minor. 2. Role of Guardian or Next Friend: - The guardian or next friend (someone who represents the minor in legal matters) will file the application in the appropriate court, seeking a succession certificate. The court will ensure that the minor’s interests are protected during the process. 3. Court's Decision: - The court will consider the legal heirship and may issue a succession certificate to the minor, but it will be granted to the guardian or next friend for managing the minor's interests. - In the case of a minor being an heir, the succession certificate is generally issued to the guardian or the person responsible for managing the minor's property until the minor reaches adulthood (usually 18 years old). 4. When a Minor Becomes an Heir: - If the minor is an heir, the succession certificate will enable the guardian to access and manage the deceased person’s property and assets, such as bank accounts, securities, or debts, until the minor comes of legal age to manage it themselves. 5. Court's Protection of Minor's Rights: - The court takes extra care to ensure that the minor’s rights and interests are safeguarded throughout the process, particularly if the succession certificate involves valuable or significant assets. In summary, while a minor cannot directly apply for a succession certificate, it can be granted through a legal guardian or next friend who represents the minor's interests. The minor’s rights will be protected by the court, and the guardian will manage the minor’s inheritance until the minor reaches adulthood.
