Succession Certificate and Property Succession: A Beginner’s Guide

The general public in India frequently misunderstands the significance of succession certificate and property succession.

When is a succession certificate required and what is it?

• A succession certificate is a legal document issued by the court to the legal heirs of an intestate decedent.
• It is necessary when the deceased person’s assets must be transferred to the legal heirs.
• Assets that may require a succession certificate: savings accounts, fixed deposits, securities and shares, life insurance policies, provident fund, and property.
• It is important to note that not all types of assets require a succession certificate. For instance, if the deceased person left a will, a succession certificate is not required for the transfer of the assets mentioned in the will.

How do I apply for an Indian succession certificate?

• File a petition with the district court in the district where the decedent’s last known address was located.
• The application must be submitted by the deceased individual’s legal heirs.
• The application must be accompanied by the decedent’s death certificate and a list of the assets for which a succession certificate is required.
• All interested parties (such as creditors, debtors, etc.) will be notified to appear before the court and present any claims.
• If no claims are made, the court will issue a certificate of succession to the legal heirs.

Who are the authorized recipients of a succession certificate?

• In India, a deceased person’s legal heirs are determined by the Hindu Succession Act of 1956.
• According to the Act, a deceased person’s legal heirs include family children (including adopted children), parents, siblings, and grandparents.
• If there are no legal heirs, the state will inherit the deceased person’s assets.

What is the process of property succession in India?

• Property succession refers to the transfer of property ownership from one person to another upon the demise of the original owner.
• In India, succession of property can occur either through a will or the laws of inheritance.
• If the deceased person left a will, the property will be transferred to the named beneficiaries.
• If the deceased person did not leave a will, the property will be distributed according to the laws of intestate succession.
• The Hindu Succession Act of 1956 regulates inheritance laws in India.
• The steps involved in transferring property through inheritance laws are as follows: obtain a certificate of succession, gather required documents, submit a transfer deed to the sub-registrar’s office in the district where the property is located, and the transfer deed must be signed by all legal heirs.

It is important to note that obtaining a succession certificate and transferring property can take several months and may necessitate multiple court hearings. Moreover, it is always advisable to consult with a legal professional to ensure that the process is handled correctly and efficiently.

In summary, a succession certificate is a legal document that is necessary for transferring the assets of a deceased person who did not leave a will to their legal heirs. Property succession refers to the transfer of property ownership from one person to another upon the demise of the original owner. The Hindu Succession Act of 1956 regulates inheritance laws in India and determines the legal heirs of a deceased person. Obtaining a succession certificate and transferring property can be a complex and time-consuming process, and it is always advisable to consult with a legal professional to ensure that the process is handled correctly and efficiently.