A succession certificate issued by a competent court in India is valid across the whole country, not just in the state where it was issued. Once issued, it serves as conclusive authority for the holder to collect debts and securities of the deceased anywhere in India. However, if it needs to be used outside the jurisdiction of the issuing court, an extension (called “succession certificate extension” or endorsement) may be required under the Indian Succession Act, 1925, to make it executable in another court’s jurisdiction. So practically: Valid nationwide May require court endorsement if enforcement is sought outside original court’s jurisdiction
Answer By Ayantika MondalDear Client, A Succession Certificate which is issued by a competent court in India. Also a main feature of the Succession Certificate is that it is accepted throughout the country. Here is what you should know regarding its validity and purpose:. Validity Across India A Succession Certificate as is given out by a District Judge in any state is valid all over the country. Which means that if you get a certificate in one state (for instance Maharashtra) you may use it to claim movable assets in another state (for example Tamil Nadu). In terms of what is legal the basis is the Indian Succession Act of 1925 which is a central law applicable all over the nation. The certificate serves as definitive legal proof that the holder has the authority to collect the debts and securities of the deceased. Purpose of the Certificate It is very important to tell apart a Succession Certificate from a Legal Heir Certificate. Succession Certificate: Mainly used for passing down movable assets which include bank balances, fixed deposits, insurance policies, stocks, and bonds. This also includes the legal right to collect and transfer these assets. Legal Heir Certificate: This is which is put out by local authorities (for example a Tehsildar or a District Collector) and we use it for determining legal heirs. We see it mostly in admin matters like transfer of utilities or making a claim for pension benefits. Also it may be limited by jurisdiction and does not as much as a Succession Certificate do for financial assets. Jurisdictional Considerations While the issue of the certificate is a national one the process of application for it is a local one. You may file a petition for a Succession Certificate in the civil court of the district which was the deceased’s place of residence at time of death. Should the deceased have no fixed residence that is when they were nomadic the application may be made in the court which has jurisdiction over some of the deceased’s property. I wish that this response helps you out with your queries. Should you have any issues please do not hesitate to ask. Thank you.
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