Overview

Succession Certificate is a document which is issued by the court specifically for claiming movable properties by the successors of the deceased person. Mostly Banks don't release funds or FDs without a Succession certificate granted to the successor. It is applied for movable assets like bank deposits, FDs etc. It is issued by a civil court to the legal heirs of the deceased person. If a person dies 'intestate', (without leaving a Will) a succession certificate can be granted by the Civil Court to release the debts and securities of the deceased person. It establishes the legitimacy of the heirs of the deceased and gives them the authority to get the deposits and other assets transferred in their own names. It is issued on the basis of the applicable laws of inheritance on an application filed by the beneficiaries in court of relevant jurisdiction.

Anything related to property disputes doesn't just end with information on land or buying / selling.

The dilemma

    Even if an overseas citizen were to know details about land that he thinks belongs to him, in many cases he finds himself in a situation where either parent or an uncle / aunt has died without making a legal will.
    Just knowing that a piece of land is his cannot help much - proper documentation is needed to assert a claim.
    There are rules that determine the manner in which property of the deceased is passed on to the heirs.
    It is not easy for him to understand how to get legal heir certificates.

The solution

    The first step for any beneficiary is to file for a 'Succession Certificate' in the same court within whose jurisdiction the deceased person resided, to inherit the assets of the deceased or even get them transferred in his name.
    The Succession Certificate procedure implies that the court grants a document/certificate to establish the authenticity of the petitioner and gives him the authority to have the assets transferred in his name-along with the authority, the beneficiary will also carry with him the full responsibility and liability of honoring any debt or security attached to that particular property.
    For any application made by a beneficiary to a court of competent jurisdiction, the Succession Certificate procedures for immovable property in all the cases is issued as per the applicable laws of inheritance.

Name : MANISH G VARMA

Law Firm Name : MGV & ASSOCIATES

Country : India

City : Mumbai

State : MAHARASHTRA

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