Application for Succession Certificate

Disclaimer:

This is a sample template for informational purposes only. It should be customized to fit the specific case and jurisdiction. Always consult a qualified lawyer before submitting any legal documents to ensure compliance with applicable laws and regulations.

Purpose of the Application

The application for a Succession Certificate under Section 372 of the Indian Succession Act, 1925 is filed by a legal heir of a deceased person to get a certificate authorising them to collect debts, securities, and assets (like bank deposits, insurance policies, etc.) left by the deceased. This certificate is important to prove the legitimacy of the applicant as the rightful heir and give them legal authority to access and manage the deceased's estate.

Why is This Application Filed?

• To Claim Debts and Securities: This application is typically filed when the deceased person has left behind certain financial assets like bank accounts, fixed deposits, shares, insurance policies, etc., that need to be claimed.
• To Establish Legal Heirship: It ensures that the rightful heirs are recognised by the court and gives them authority to handle the estate of the deceased.
• When There is No Will: A Succession Certificate is required if the deceased died intestate (without a will), and there is no Letter of Administration.
• To Avoid Disputes: It ensures there is a legal framework for handling the deceased's assets and prevents disputes among heirs.

Where to Submit the Application

• Where to Submit: The application is to be submitted to the District Court or Family Court under whose jurisdiction the deceased was ordinarily residing at the time of their death.
• Applicable Court: This would typically be the District Court in the area where the deceased resided or had property. It could also be submitted at a Family Court if the matter pertains to family law.
• Forms to File: The Succession Case format must be followed, including submitting the affidavit and proofs along with it.
• Supporting Documents: These include the death certificate of the deceased, the details of assets, proof of heirship, and an affidavit.

Key Points to Know About This Application

• Legal Standing: This application is filed by a legal heir (son, daughter, spouse, etc.) of the deceased person.
• Details Required: You must specify all the debts and securities (such as bank accounts, loans, or investments) left by the deceased.
• Intestate Situation: This application is primarily used when a person dies intestate (without a will). If there's a will, a probate application is typically used instead.
• No Pending Claims: The applicant must declare that no other application for similar relief has been filed in another court.
• Objective: The goal is to allow the applicant to access the deceased's assets, settle debts, and manage the estate until it is distributed among all legal heirs.
• Timeframe: The time it takes for the court to grant the certificate may vary depending on the complexity of the case and the court's caseload, but it typically takes a few months.
• Affidavit Requirement: The applicant must file an affidavit confirming that the statements made in the application are true and that they are the rightful heir.
• Who Can File: Legal heirs such as spouse, children, parents, or siblings can file this application.
• Court Fees: The applicant is required to pay a court fee based on the value of the assets or the type of relief sought.
• Effects of Granting Succession Certificate: Once granted, it allows the applicant to legally collect assets, pay debts, and give valid receipts on behalf of the deceased.

FAQs about the Succession Certificate Application

Q: Who can apply for a Succession Certificate?

A: The legal heirs of the deceased—like spouse, children, or parents—can file this application.

Q: What is the cost of a Succession Certificate?

A: The cost depends on the value of the assets or the court fee structure. It is usually a small percentage of the estate value.

Q: How long does it take to get a Succession Certificate?

A: The timeline varies, but it typically takes 6-12 months from the filing date, depending on the court's caseload and the complexity of the case.

Q: Can a Succession Certificate be contested?

A: Yes, if there are objections from other legal heirs or interested parties, they can contest the application in court.

Q: What if the deceased left a will?

A: If a will is available, then the applicant needs to apply for probate and not a Succession Certificate.

Q: What is the difference between a Succession Certificate and a Letter of Administration?

A: A Succession Certificate is for debts and securities, while Letter of Administration is broader and covers all movable and immovable property.

Q: Do I need to provide proof of relationship?

A: Yes, you must provide proof of relationship to the deceased (like birth certificates, marriage certificate, etc.).

Q: Is a Succession Certificate valid outside India?

A: A Succession Certificate issued by an Indian court is typically valid in India and may be used for assets located in India. For assets outside India, the local laws of that country will apply.

Q: Can the Succession Certificate be revoked?

A: Yes, if found to be obtained fraudulently or due to misrepresentation, it can be revoked by the court.

Q: Can I apply for a Succession Certificate if the deceased had minor children?

A: Yes, but in the case of minor children, the application may need to be made by a guardian or a representative until they reach the age of majority.