Law4u - Made in India

Can two succession certificates be issued for the same property?

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 One must be cancelled or superseded before another can be issued.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

Succession Certificate Verified Advocates

Get expert legal advice instantly.

Advocate Damodar Pote

Advocate Damodar Pote

Consumer Court, Documentation, Cheque Bounce, Labour & Service, Recovery, RERA, Succession Certificate, Property, Motor Accident, Civil

Get Advice
Advocate Vijaykumar Mishra

Advocate Vijaykumar Mishra

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Kush Kumar

Advocate Kush Kumar

Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Motor Accident, R.T.I, Anticipatory Bail, Family, Insurance, Succession Certificate, Documentation

Get Advice
Advocate Ramsingh

Advocate Ramsingh

Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Consumer Court, Customs & Central Excise, Criminal, Divorce, Cyber Crime, Documentation, GST, Domestic Violence, High Court, Family, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Startup, RERA, Recovery, R.T.I, Property, Supreme Court, Revenue, Tax, Wills Trusts, Trademark & Copyright, Succession Certificate

Get Advice
Advocate Imran Aziz Sheikh

Advocate Imran Aziz Sheikh

Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Civil, Armed Forces Tribunal, Consumer Court, GST, Landlord & Tenant

Get Advice
Advocate Pratima Gupta

Advocate Pratima Gupta

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Insurance,Labour & Service,Motor Accident,R.T.I,Succession Certificate,Wills Trusts,Revenue

Get Advice
Advocate Bikram Singh

Advocate Bikram Singh

Anticipatory Bail,Cheque Bounce,Child Custody,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Succession Certificate,Medical Negligence,Motor Accident,Consumer Court,indian,

Get Advice
Advocate Venugopal

Advocate Venugopal

Cheque Bounce,Civil,Breach of Contract,Consumer Court,Court Marriage,Divorce,Documentation,Domestic Violence,Family,Landlord & Tenant,Property,R.T.I,Succession Certificate,

Get Advice
Advocate Siddhant Deshpande

Advocate Siddhant Deshpande

Anticipatory Bail,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Civil,Consumer Court,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Motor Accident,NCLT,Property,Startup,Succession Certificate,Supreme Court,Wills Trusts,

Get Advice
Advocate Mahendra Bharadwaj

Advocate Mahendra Bharadwaj

High Court, Divorce, Wills Trusts, Succession Certificate, Civil

Get Advice

Succession Certificate Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.