Succession CertificateThe document issued by a civil court which certifies that particular person is a rightful successor of a deceased person is known as a succession certificate. The succession certificate is granted by civil court to the legal heirs of a deceased person who has not left a will behind. The certificate is granted by the court to the heirs to realize the debts and securities of the deceased person. The succession certificate is issued as per the rules and regulation of the inheritance after an application made by a beneficiary to a court. To release the assets of the deceased, only succession certificate is not sufficient, it needs more proofs like death certificate, letter of administration and relevant no-objection certificates.If the deceased person has left a valid will, then the entire estate of the person under that “will” vests in executor of the will. In such cases the court can not grant the succession certificate.How to get Succession certificate?To obtain a succession certificate an application including complete details of the deceased person along with details of his relatives, details of debts and securities for which the certificate is applied and the land right in which the petitioner claims the certificate must be submitted in the court within whose jurisdiction the deceased person resided.Once the application is submitted in the Court, the court will issue a notice in the newspaper for a given period asking for objections from the public. If no objections observed till the expiry of period then court will give out the order for issuance of succession certificate. The court charges a fee on the procedure for issuance of succession certificate which is assessed by the fixed percentage of the value of the estate. In no objection case, court issues a succession certificate in five to seven month’s period.Can succession certificate be revoked?The succession certificate is granted as per the section 370 of Indian Succession Act, 1925 by the civil court. A succession certificate issues by the court can also be revoked under the section 383 of the said act by the civil court.The causes due to which the succession certificate may be revoked are as follows
- If the process for obtaining the certificate was found defective.
- Fraudulently obtained certificate.
- Decree or order of the court which is dealing with the debts and securities of the same deceased person for which the succession certificate is issued or under process.
- If the district judge orders to revoke the certificate in cases like matter of grant, refusal or revocation of certificate.
- Above mentioned circumstances can revoke the succession certificate according to the Indian law.
Succession certificate holds a great importance to realize the debts and securities of the deceased person and inheritance of the assets of the property of the deceased person can be given through the succession certificate issued by the civil court when presented along with relevant other documents.займ на карту без отказов круглосуточновзять кредит онлайн