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Succession Certificate and Legal Heirship Certificate

A Succession Certificate is a document that is obtained by the successor or inheritor of the deceased person who died without writing a will. In simple words, it is obtained by the successor to own the properties left behind the deceased person this also authenticates and establishes the successor's right over the property it may be noted that all the debts and securities can be claimed by the successor via this certificate for obtaining a Succession Certificate. it needs to be filed in the territorial jurisdiction

If the jurisdiction is Bombay the Succession Certificate will be filed in Bombay.

It may be noted that the Succession Certificate will be filed where the deceased was residing at the time of the death in case of non-availability of any such place the Succession Certificate will be filed within the area where any asset of the deceased would belong.

The procedure involved for the Succession Certificate

  • Step one is petition preparation:
    the council or the representative will prepare the Succession Certificate application which will be filed before the court of law along with the requisite stamp and court fees.
  • The second step is hearing once the Succession Certificate is submitted before the court the honorable judge will hear the counsel and the relevant facts will be projected before them thereafter the summons and notices will be issued to the opposite parties simultaneously public notice is also issued in the local newspaper and then the court waits for a stipulated period of time to receive objections if any.
  • Step number three is evidence thereafter the petitioner files the written and oral submission of the evidence and lastly the grant of succession.
Once all the requisite steps are completed the court decides whether the claimant has a right to obtain the Succession Certificate or not

Documents required for Succession Certificate

  1. Firstly: the place, date, and time of the death of the deceased along with the original death certificate
  2. Secondly: All the bank paperwork such as passbooks fixed deposits etc. next all the details pertaining to the debts and securities and along with this the details of the family members or legal heirs that is their names and addresses along with their identity proofs

Certificate and Wills

In case a will is left behind by the deceased person then the Succession Certificate will not be granted the beneficiary of the Will will definitely inherit the properties according to the instructions provided in the will although as per section 370 of the Indian succession act 1925 a Succession Certificate will not be granted with regards to the debts and securities in case the right of the property is meant to be established by getting a letter of probate or administration it may be noted that the rules pertaining to the letters of administration are different in each state.

However, if there is no will then the bank's financial institution and other organizations will definitely rely upon the Legal Heirship Certificate or Succession Certificate

Legal Heirship Certificate

In case of the untimely demise of the loved one, it is important to obtain a legal heir ship certificate before filing this certificate one needs to have an original death certificate of the deceased which can be obtained from the municipal corporation it is important for the NRIs to obtain the Legal Heirship Certificates to inherit the properties situated in India. It is important to know the purpose and benefits of the legal partisan certificate:
  1. Firstly: it will help to inherit the properties of the deceased person
  2. Secondly: to claim the insurance money
  3. Thirdly: to avail the areas of salary in case the deceased was an employee of central or state government
  4. Fourthly: to receive the funds such as provident funds and gratuite and lastly to get a compassionate job for the deceased person who all can apply for a Legal Heirship Certificate

The deceased spouse can apply for a Legal Heirship Certificate. Then children of the deceased may be sons or daughters and then the parents of the deceased

The procedure of legal hair shift certificate:
A Legal Heirship Certificate can be obtained from a municipal corporation office or even a district court

It is important to note here that the Legal Heirship Certificate and its process varies from state to state in India
while obtaining a Legal Heirship Certificate one needs to fill out the requisite form and the same needs to be annexed with an affidavit which has to be signed verified and notarized. The application will entail the details pertaining to the deceased along with the legal hairs

there will be the date and place of the deceased along with the original death certificate there will be also the details of the legal heirs including their names and age addresses along with their relevant identity proofs

Once all the documents are submitted before the authority concerned an official will scrutinize all the documents and then the Legal Heirship Certificate will be granted within the stipulated period of time

What is the difference between a Succession Certificate and a Legal Heirship Certificate?

Most people think that both are similar however they are totally different the Succession Certificate is issued to obtain the assets that are depth and security of the deceased person

However Legal Heirship Certificate is crucial to obtain the certificate which depicts the relationship with the deceased and authenticates the successor and inheritors so that they can claim the properties of the deceased in the future in any of the concerned department

The Revocation of the Succession Certificate

A grant of a Succession Certificate can be revoked under sections 382 and 383 of the Indian succession act. If the proceedings of the Succession Certificates were found to be defective defective means and if the proceedings had some sort of harm and prejudice to any third party also if there is any concealment of the relevant fact then such certificate will be revoked

Similarly, a legal hair shift certificate can also be revoked under section 2 of the Bombay regulation act where there is the non-disclosure of a certain fact

Both Succession Certificate and Legal Heirship Certificate have their own benefits and importance

While claiming the assets and properties of the deceased most importantly NRIs who are residing outside India may claim the assets left behind by their deceased family members via Succession Certificate or Legal Heirship Certificate.

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