Succession

The laws of inheritance are complex. In case a person dies without making a WILL, the Law of succession defines the allotment of property. The law provides precise details regarding the percentage of property that will be inherited by the concerned persons.

It is preferable for a person to prepare WILL to manifest his intentions regarding the property and its inheritance. The ignorance of Succession Laws, often lead to a situation that, legitimate heirs do not receive the reasonable share of the ancestral property.

When a person dies unexpectedly and there is no WILL, it often creates problems for the legal heirs and successors. This can result to injustice.

SUCCESSION CERTIFICATE:

  • Succession Certificates are granted by the Court to prove the authenticity with respect to the ownership of the property (movable or immovable) succeeds or inherits by a person or to realize the debts and securities of the deceased and to give valid discharge.
  • A succession certificate, when granted to a person, which empowers him:
    • a) To receive profits, interest or dividends etc.
    • b) To negotiate the transfer any of them
    • c) To deal with the securities of a deceased person

      (E.g. bond, stock, debenture or security)

  • The successor is required to dispose of the amount so realized in accordance with the rights of the person entitled thereto.
  • The person, who is in need of Succession Certificate may:
    • File an application in the court, where the properties of the deceased relative are situated, or where he / she normally resided.
      • Depending on the value of the estate of the deceased, the matter shall go to a court, as per the pecuniary jurisdiction of the court, with the names of all the other heirs of the deceased as the respondents in the matter.
    • Send a notice to all the concerned parties and publish it in the newspaper as well, apart from mandatory notice to the respondents.
  • Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice, and after the reception of the ‘no objection’ from the respondents, the court passes the orders for issuance of the Succession Certificate to the person/s making such an application.
  • Judicial Stamp papers of sufficient amount as per the prescribed court fees structure, to be submitted in the court, upon which, the Certificate is typed by the court staff, duly signed, sealed and delivered.
  • Normally it takes 6 months to 1 year, but now it takes about 2-3 years because of long pending cases in the Court of Law.
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