A succession certificate is a legal document issued by a competent civil court under the Indian Succession Act, 1925, which authorizes a person to collect the debts, securities, or other movable assets of a deceased person. It is primarily used when the deceased has not left a will (intestate succession). Here's how a succession certificate is used to claim assets: 1. Purpose of the Succession Certificate – It gives the legal right to the holder to receive debts and securities (like bank balances, fixed deposits, shares, insurance, bonds) of the deceased. – It provides indemnity to the institutions (like banks or companies) that release funds to the certificate holder. 2. Where and How to Apply – The application must be filed in the District Court or High Court having jurisdiction where the deceased resided at the time of death or where the assets are located. – The applicant must provide: Details of the deceased (name, date of death, residence) List of legal heirs Details of the debts/securities/assets Proof of death (death certificate) Relationship with the deceased 3. Legal Process – The court will issue a public notice in newspapers inviting objections. – If no objections are received within the prescribed time (usually 45 days), and the court is satisfied, it will issue the certificate. 4. Usage of the Certificate – Once granted, the holder can approach: Banks to claim balances and fixed deposits Insurance companies to receive policy amounts Stock brokers/companies to transfer or sell shares Post offices or mutual funds to release investments – The certificate can be presented along with a copy of the death certificate and identity/address proof. 5. Limitations – It is applicable only to movable assets, not immovable property like land or houses. – It does not establish ownership; it only provides authority to collect the assets. – If a will exists, a probate or letter of administration may be more appropriate. 6. Validity – It is valid throughout India and until a court cancels or modifies it. – The person receiving the certificate must distribute the assets among legal heirs as per succession laws (Hindu, Muslim, Christian, etc.). In summary: A succession certificate legally empowers a person to collect and manage the movable assets of a deceased person when there is no will. It ensures a smooth transfer of assets from institutions like banks and companies to the rightful claimant, while protecting those institutions from future legal disputes.
Answer By Ayantika MondalDear Client, A legal document known as a succession certificate which is granted under the Indian Succession Act 1925 gives the legitimate heirs the authority to collect securities and debts owed to a deceased person who passed away intestate (without a will). In order to transfer or claim movable assets such as bank balances, shares, fixed deposits or insurance proceeds the holder of the certificate may show it to banks, financial institutions or debtors after the court issues it. It serves as definitive proof of the claimants right and compensates the debtor for paying the certificate holder. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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