Can two succession certificates be issued for the same property?

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Answer By law4u team

No, two succession certificates cannot be issued for the same property or debt under Indian law. Legal Position: Under the Indian Succession Act, 1925, particularly: Section 374: Only one valid succession certificate can be issued for the debts or securities of a deceased person. If a certificate already exists, another one cannot be granted for the same property unless the first is revoked. What Happens If Two Are Issued? The second certificate is invalid and void, unless the earlier one is legally revoked under Section 383 of the Act. Courts take this very seriously to avoid conflicting claims over the same property or assets. If There’s a Dispute or Omission: If someone is excluded or left out from the original certificate: 1. They can challenge it in court. 2. File a petition to revoke the earlier certificate under Section 383, citing: Fraud or misrepresentation Suppression of other legal heirs New facts or heirs discovered Duplication is Prevented To: Avoid multiple people claiming the same debt or asset Protect third parties (banks, insurance, employers) from liability when they disburse amounts Court Precedents: Courts have repeatedly held that successive certificates for the same estate/property cannot coexist. One must be cancelled or superseded before another can be issued. Conclusion: No, two succession certificates for the same property or debt cannot legally exist. If a second certificate is needed, the first must be revoked through a court order.

Answer By Anik

Dear Client, No, as it stands, what a court will do is issue two succession certificates for the same property. The legal structure is to avoid such disputes and to have a single, unambiguous line of succession. A succession certificate, which is a document issued by a civil court under the Indian Succession Act of 19,25 ,is for the most part what grants to the proper heir(s) the authority to administer and collect the deceased person's movable assets, which include bank deposits, shares and other securities. They do not include immovable property like land or a home. The court is to run a smooth inheritance process that protects all parties. Byissuingf a single certificate, the court brings legal certainty to creditors who are to pay into the proper account and at the same time are put at eas,f no longer having that liability. If there are many legal heirs, the court issues a joint succession certificate to all of the,m which they may use together. In the event oa f dispute between the heirs, the court will look into the matter in great detail. It will put outa public notice, hear all objections and review the evidence to determine which heir has the best claim. In the end, the court will issue only one final certificat,e which may go to a single person oo all the proper heirs. This process, sees that the deceased’s movable assets are handled in full compliance with the law and free of any confusion and conflicting claims which ultimately provides a final and binding decision. I hope this answer help you. Please don't hesitate to ask any questions. Thank you

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