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Where should a succession certificate be filed?

Answer By law4u team

A succession certificate should be filed in the Civil Court having jurisdiction over the place where the deceased last resided or where the deceased’s movable property is situated. Key Points: Under Section 372 of the Indian Succession Act, 1925, the application for a succession certificate is made to the District Judge’s Court or Civil Court of competent jurisdiction. Generally, the proper court is: The District Court in the district where the deceased had their last residence, or The court where the movable assets (like bank accounts, securities) of the deceased are located. If the deceased had property in multiple districts, separate applications may be filed in each court. Procedure: The applicant files a petition for succession certificate with the court. The court issues notice to interested parties and publishes notice in the newspaper to invite objections. After hearing, if satisfied, the court grants the succession certificate to the rightful applicant. Summary: Succession certificate applications must be filed in the District Civil Court where the deceased last lived or where the movable property is situated.

Answer By Anik

Dear Client, A succession certificate has to be submitted to the District Court within whose jurisdiction the place of ordinary residence of the deceased person at the time of his death existed. This is as per Section 371 of the Indian Succession Act, 1925. Where the deceased had no fixed residence, then the application can be presented before the court within whose local jurisdiction part of the property of the deceased may exist. The District Court mentioned here is most often the court of the District Judge. The applicant, being often a legal heir or party asserting a right to the debts or securities of the deceased, has to present a petition giving complete details like the name of the deceased, their date and locality of death, relationship of the applicant with the deceased, and a schedule of the debts and securities for which the certificate is applied for. The object of a succession certificate is to authorize the holder to recover debts and securities owing by the deceased and to save the payment or dealing with the certificate holder. If the court is satisfied with the petition and if no objection is raised, it can issue the certificate after serving notice and hearing. Therefore, the application should be made to the relevant District Court where the deceased was last habitually resident or where their property lay. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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