What is Succession Certificate?

A Succession Certificate is a legal document issued by a civil court in India to the legal heirs or successors of a deceased person. It establishes the authenticity and validity of the heirs' claim to the deceased person's movable assets, such as bank deposits, insurance policies, shares, and other investments. The certificate authorizes the heirs to collect and distribute the deceased person's assets among themselves according to their lawful shares. It is necessary to obtain a Succession Certificate when the deceased person did not leave a will or the will does not cover all of the assets.

Who Can apply for Succession Certificate?

The legal heirs or successors of a deceased person can apply for a Succession Certificate in India. The term "legal heirs" refers to the individuals who are entitled to inherit the deceased person's property under the Hindu Succession Act, 1956, or other relevant laws, depending on the deceased person's religion and personal laws. The legal heirs may include the spouse, children, parents, siblings, and other relatives of the deceased person, depending on the specific circumstances. It is advisable to consult a lawyer or legal expert to understand the eligibility criteria and requirements for obtaining a Succession Certificate in a specific case.

Documents Required for Succession Certificate

The following documents are generally required for obtaining a Succession Certificate:

Death certificate of the deceased person.
Copy of the will (if any).
Identity proof of the applicant(s) (legal heirs).
Address proof of the applicant(s).
Affidavit stating the relationship of the applicant(s) with the deceased person.
Affidavit stating the details of the deceased person's movable assets and liabilities.
Details of the deceased person's bank accounts, investments, insurance policies, shares, etc.
Court fee for the application (as per the relevant state or court rules)

Benefits of Succession Certificate

The following are the benefits of obtaining a Succession Certificate:

Legal validity: A Succession Certificate is a legal document that establishes the lawful ownership and entitlement of the legal heirs or successors to the movable assets of the deceased person. It provides legal validity to the claim of the heirs, which helps in avoiding disputes and litigation.
Ease of asset transfer: The Succession Certificate simplifies the process of transferring the movable assets of the deceased person to the legal heirs or successors. It authorizes the heirs to collect and distribute the assets among themselves according to their lawful shares, without the need for a probate or lengthy legal procedures.
Access to bank accounts: The Succession Certificate allows the legal heirs to access and operate the bank accounts of the deceased person. Without the certificate, the bank may freeze or withhold the accounts, causing inconvenience and financial loss to the heirs.
Claiming insurance policies: The Succession Certificate enables the legal heirs to claim the insurance policies of the deceased person, which may be necessary for their financial stability and security.
Investment and share transfer: The Succession Certificate facilitates the transfer of shares and other investments of the deceased person to the legal heirs or successors. It helps in avoiding delays and disputes in the process of investment or share transfer.

Faq

Q1. What is the validity period of a Succession Certificate in India?

The validity period of a Succession Certificate varies depending on the court or state where it is issued. Generally, it is valid for a period of 12 years from the date of issue, and can be renewed after the expiry of the period.

Q2. Is it mandatory to obtain a Succession Certificate for all movable assets of the deceased person?

No, it is not mandatory to obtain a Succession Certificate for all movable assets of the deceased person. It is required only for the assets that are not covered by a valid will or other legal document, and for which the legal heirs or successors need to establish their claim of ownership.

Q3. Can a Succession Certificate be challenged or revoked by other claimants?

Yes, a Succession Certificate can be challenged or revoked by other claimants who dispute the validity or authenticity of the certificate. The challenge can be made in a civil court, and the court may revoke or modify the certificate based on the evidence and arguments presented by the parties.

Q4. Can a Succession Certificate be obtained for immovable assets of the deceased person?

No, a Succession Certificate is not issued for immovable assets such as land, house, or other property. For such assets, a separate legal process of probate or mutation may be required, depending on the circumstances.