After a loved one passes away, navigating the legal system can be challenging, especially when it comes to understanding and obtaining required documentation like the Succession Certificate. If a deceased individual leaves no valid will, the Indian Succession Act, 1925 controls how their assets and properties would ultimately devolve.
A crucial document that is required to navigate this journey is the Succession Certificate which is discussed under Part X of the above-mentioned Act. This comprehensive guide aims to clear up the confusion surrounding this document by describing its purpose and obtainment procedure.
MEANING AND PURPOSE
A Succession Certificate is an official document granted to the surviving family member of a deceased individual in the absence of a will. In order to verify the legitimacy of the successor, a Succession Certificate is granted to the heir of a deceased who has not drafted a will.
The holder of the Succession Certificate also gains control over the debts and securities of the dead. The holder of the certificate may settle the debts of the deceased and transfer the deceased's securities.
ISSUING AUTHORITY
According to Section 371 of the Indian Succession Act, 1925, the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a Succession Certificate.
Simply put, the District Judge of the applicable jurisdiction issues a Succession Certificate. A petition needs to be written and submitted to the appropriate District Court to receive a Succession Certificate.
The relevant jurisdiction to file a petition for a Succession Certificate would be the place of the deceased person's residence at the time of his death. If there is no location like that, the area where the deceased's properties might be found would be the relevant jurisdiction.
SCOPE AND USE
The primary aim of this certificate is to safeguard all parties making debt payments in cases when they are done so in good faith. Additionally, the certificate holder has the authority to negotiate or transfer the securities as specified in the certificate, as well as to receive any interest or dividend on the securities. As a result, all payments made on behalf of the deceased to and by the certificate holder will be recognized by law. This does not imply, however, that the holder of the certificate is the legitimate successor or owner of the securities.
PROCEDURE TO OBTAIN
The process of obtaining a Succession Certificate involves the following steps:
STEP 1: Petition preparation
The applicant will prepare a petition, verify and sign the same and submit it to the District Judge in the appropriate jurisdiction after paying the applicable court fees.
As per Section 372 (1) of the Indian Succession Act, 1925, application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:-
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
STEP 2: Court hearing
The District Judge will give an opportunity for the preliminary hearing of the petition filed by the applicant and if the petition is admitted, he shall fix a day for the final hearing in respect of the same and also send notice of the hearing to whomsoever he thinks fit.
As per Section 373 (1) of the aforesaid Act, if the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing-
(a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and
(b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate.
STEP 3: Grant of Certificate
After hearing all the concerned parties, the Judge will decide if the applicant is within his right to apply for the Succession Certificate and shall grant the Succession Certificate to him if satisfied.
According to Section 373(3) of the Act, when the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him.
CONTENTS OF SUCCESSION CERTIFICATE
When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted-
(a) to receive interest or dividends on, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them.
REVOCATION OF SUCCESSION CERTIFICATE
In accordance with Section 383 of the Indian Succession Act, 1925, a certificate granted may be revoked for any of the following causes, namely:-
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
The Succession Certificate shall have effect throughout India and this certificate of the District Judge shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing such debts or liable on such securities, and shall afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the certificate was granted.
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