How to get a Succession Certificate

A succession certificate is a legal document that an heir may obtain after the death of a person. However, in some cases, it is not always the heir that gets the successor certificate. It can also be someone they trust, and if there is no will, then the succession certificate comes to the rescue. 

This blog helps you understand the importance of a succession certificate and how to get one.

Succession Certificate

A succession certificate is a legal document granted to a person without a will. It is also the only document through which the successor can claim his right to the deceased’s property, managing the debts and assets.

You should apply to the magistrate or a high court to get a succession certificate. High courts specifically have cells that provide a succession certificate to get the certificate for immovable property, you should have documents such as a death certificate and proof of the legal relationship to the deceased must be included. 

The succession certificate also includes the debts and securities of the deceased. However, the certificate does not automatically grant ownership rights to the property; it only provides the legal authority for the successor to manage the assets Laws about Succession Certificates in India

In India, the legal rights for the succession certificate are governed by the Indian Succession Act of 1925. A few acts are mentioned below:

• Section 371 of the Act: Specifies the court in which the successor can file the petition.
• Section 372 of the Act: Outlines the application process for the succession certificate.
• Section 373: Details the steps that need to be followed to get the succession certificate
• Section 374: Lists the contents included in the succession certificate.
• Section 379: Describes the fee collection methods related to the succession certificate. 

Difference Between Legal Heir Certificate and Succession Certificate

It is important to understand the difference between a legal heir certificate and a succession certificate. The below is described in detail.

Procedure to Obtain a Succession Certificate

To inherit the property, a legal heir must submit athe petition to take over the deceased property. Additionally, a death certificate must be submitted along with the form. Follow the steps to get a succession step and submit it to the local civil court for verification. 

• Filing: The form to fill out for the succession certificate must adhere to the format provided by the law. You can also fill out the petition form with the help of your lawyer. In India, each court has its own designated fee. It is important to attach the payment slip for the court fee along with the petition form. 

• Summon and Notice: Once the petition is submitted, the court will summon the necessary parties for further proceedings. The other parties that may be summoned include bank officials, legal heirs, etc.

• Notice in Newspaper: Once the petition is done, the family members will also receive a notice from the court regarding the succession certificate. In case of any objection, the parties can raise their concerns against the succession certificate. 

Displaying the succession in newspapers can also raise further concerns. If no one raises any concern within the period, then the succession certificate will proceed. If there is an objection, then the court will proceed with addressing the issue. 

• Evidence Submission: Once the parties are summoned, then the successor must provide all the evidence in front of the court. These documents include a death certificate, address proof of the dead, legal heir details, movable documents, and a no-objection certificate from the legal heirs.

• Succession Certificate: If all the claims on the successor are clear and the court thinks that it is legitimate, then the court issues the succession certificate to the legal heirs. For movable assets like fixed deposits, banks require a succession certificate before allowing access to funds. The succession certificate is accepted throughout the nation. 

Where Can You Apply for a Succession Certificate?

The general way to apply for a succession certificate is through court; however, the state of Tamil Nadu has a designated portal to apply for the successor certificate online. Here are the steps to follow to get a succession certificate:

• You can click on the link: https://tnedistrict.tn.gov.in/tneda/. 
• Then go to “New User Registration.” If you are new or already have an account, proceed  to “Citizen Login.”
• Fill in all the required details and complete the process of registration.
• Once you have filled out the details, you can search for the succession certificate or legal heir and complete the entire procedure. 

However, make sure that the e-service portal meets  your need, and if not, follow the traditional way of getting the successor certificate.

Conclusion

In summary, a succession certificate can be obtained by filing a petition in court. You have to fill in the details, pay the desired amount, and call in all the parties. Once you have submitted all the legal documents after verification, the certificate is yours. It is also important to consider that the successor certificate has debts included in it, so before accepting or wanting one, be aware of the risks. 

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