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Can an NRI apply for a succession certificate in India?

Answer By law4u team

Yes, an NRI (Non-Resident Indian) can apply for a Succession Certificate in India under the Indian Succession Act, 1925. The certificate is issued by an Indian civil court and authorizes the applicant to inherit debts and securities (like bank accounts, shares, bonds) of a deceased person who was a resident of India or had assets in India. Here are the key points: Who can apply: - Any legal heir of the deceased person, including an NRI, can apply. - The applicant must be a legal heir as per personal laws (Hindu, Muslim, Christian, etc.) applicable to the deceased. Where to apply: - The application must be filed in the district court (usually a civil court) having jurisdiction where the deceased person: - Resided at the time of death, or - Owned immovable property or assets. Documents required: - Death certificate of the deceased - Proof of relationship with the deceased (legal heirship) - ID/address proof of the applicant (passport, Aadhaar, etc.) - Details of debts and securities for which the certificate is needed - NOC (No Objection Certificate) from other legal heirs (in some cases) Additional points for NRIs: - The NRI may need to file the application through a power of attorney holder if they are unable to appear in court personally. - An NRI must ensure the documents (like affidavit, POA) executed outside India are attested by the Indian embassy or consulate in their country of residence. Court process: - The court will issue a public notice and, after verifying no objections are received, may grant the certificate. - This process usually takes a few months.

Answer By Ayantika Mondal

Dear Client, Sure! Yes, an NRI (Non-Resident Indian) is allowed to apply for a succession certificate in India. Since the Indian Succession Act, 1925, prescribes the issuance of succession certificates, the Act does not take into account where someone lives or their nationality when determining who the legal heir is. Indian laws (including personal acts like the Hindu Succession Act and the Indian Succession Act), do not restrict NRI applicants from obtaining succession certificates. Jurisdiction for Filing the Application The application for a succession certificate must be filed in the court of the District Judge within whose jurisdiction: The deceased ordinarily resided at the time of their death. If the deceased had no fixed place of abode, then where any part of the deceased's property is located. Usually, being married or living outside India (NRI) does not make a difference in a person’s right to apply for a succession certificate. The main requirement is that you must, by Indian law, be entitled to the inheritance as a legal heir. Even though the procedure is identical, details like having the applicants present during the process, confirming papers overseas and planning coordination deserve special care at the planning stage such as including a Power of Attorney and Indian lawyer in your plans. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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