A succession certificate in India For NRI is a Legal document given to a successor of a deceased person. In this case, a deceased person has not prepared a will, but this Legal Certification afterward allows authority over the debts, securities, or all other assets. It establishes the authenticity of the right.
The succession certificate is legally applicable throughout India. An NRI can process the application in any court by an experienced advocate. You can also apply succession certificate online.
If a person dies without leaving behind a valid 'Will,' a succession certificate is required. You need the certificate issued by a civil court when someone transfers any property- Be it movable or immovable property under the various Property Laws in India. However, if the person died had only financial assets, only a Legal Heir Certificate is sufficient. Legal heir certificate is simply to identify the heirs.
Scenario 2 also says though if the person dies, leaving behind a will, the heir still has to satisfy legal rights through the process of a Probate or succession certificate. Financial Institutions and banks ask for a succession certificate from the legal hires for any successful transaction.
The heir should apply to the relevant statute. Then only the district judge finalizes whether the petitioner is applicable to be heard or not. If it is, he proceeds with the case and goes through all the facts and the oral and documentary evidence put forward by the applicant. Thereby, he may issue the certificate to receive the property, including dividends or bank balance in the name of the deceased to be transferred. Meanwhile, the court asks for a notice published in the newspaper to confirm that there is no objection from the general public till the fixed deadline. When the application is filed, the court issues notice to all the close relatives and legal heirs so that if anyone has any point, they can raise it. If there comes no objection within the period, the applicant receives the same.
To obtain a succession certificate in India, the legal successors should file an application in the prescribed format to the District Judge under whose jurisdiction the property of the deceased person exists.
The legal heir applies to the Competent Court of Jurisdiction to obtain the succession certificate. The application should be in the prescribed form mentioning the below essential points:
- The deceased's time of death
- The rights of the applicant
- Residence information
- No impediments in the grant of the certificate
- Important information about family, nearby relatives, or class-I legal heirs
Succession certificate requires a list of documents mentioned below:
- Original death certificate
- Ration card
- An affidavit worth Rs 20 on a stamp paper
- Name of family members and relationship
- Identity card
Remember, a succession certificate will charge 3% of the total value of the property.
- Details of the deceased person.
- Details of the legal heir.
- The relation between both of them.
- Grant of authority.
- List of debts and assets.
- The declaration of an intestate death.
- Time of death
- Family details
- The rights of the claimant
- Description of the deceased's property