What are the legal provisions governing succession certificate in India?

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Answer By law4u team

The legal provisions governing the succession certificate in India are primarily laid down in the Indian Succession Act, 1925. The succession certificate is a legal document issued by the court, which allows the heirs of a deceased person to collect debts, securities or other assets due to the deceased. Some of the key provisions of the Indian Succession Act, 1925 relating to succession certificate are as follows: Jurisdiction of the court: The court having jurisdiction to grant the succession certificate is the district court where the deceased person had his/her permanent residence or where he/she died. Procedure for application: Any person who is entitled to the assets of the deceased can apply for a succession certificate by filing a petition in the court. The petition must provide details of the deceased, the assets, and the relationship of the petitioner to the deceased. Notice to interested parties: Once the application is filed, the court issues a notice to all interested parties, including the legal heirs of the deceased and the creditors, to file objections, if any. Hearing and decision: The court holds a hearing after considering the objections, if any, and determines the validity of the claim. If the court is satisfied that the claim is valid, it may issue the succession certificate. Rights and obligations of the holder: The holder of the succession certificate has the right to collect the assets of the deceased and is obligated to distribute them among the legal heirs in accordance with the law. Appeals: Any aggrieved party may appeal against the order of the court. It is important to note that the succession certificate is not the same as a will. A will is a legal document created by a person during his/her lifetime, which specifies how his/her assets are to be distributed after his/her death. A succession certificate, on the other hand, is issued by the court and is based on the laws of inheritance applicable to the deceased person.

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