A successions certificate is a legal document granted by the courts to the legal heirs of the property. The successions certificate is granted by the court to the heirs as a validation document. Succession certificate is to be applied in the court when there is no will formed by the testator and the testator died. On death of the testator, a succession certificate has to be filed in the court. To claim the property of heirs they have to apply for successions certificate.
When successions certificate is required?
A succession certificate is required to inherit the properties of a testator who died without forming a will. Succession certificate is required to inherit movable as well as immovable property. Successions certificate is well explained under the Hindu successions act.
Application for successions certificate
To get a succession certificate an application is to be made in the civil court. This application shall be entertained by the civil court in whose jurisdiction the property of the deceased is situated.
Particulars for application of succession certificate
The application of the successions certificate shall contain following:-
- Names of all the heirs.
- Details about time, place and date of death of the person whose property is to be claimed shall also be mentioned.
- A copy of death certificate is also required.
NRI’s claiming property succession
NRI’s can also be heirs of a persons who is deceased in India. The property is then left without will to be claimed by the NRI’s. It requires a load of paperwork regarding mentioning of all heirs, property details and many more. Many times an issue arise where NRI’s are not even aware about their succession. It is very common that NRI’s are misrepresented about their rights about successions due to their lack of knowledge about the property. NRI’s are suggested to take consultation advice from the best property lawyers. Consulting a well experienced property lawyer will make it easy for NRI’s to claim successions certificate.
Succession of movable property
If a person dies intestate without leaving any will in name of the recipients, an application is required to be made in front of the court. A person may have movable properties such as bonds, fixed deposits, release funds or some cash in bank accounts. This kind of movable property was not granted to any heir by a will and the person owning all the properties died before making a will. Thus movable property of the said person can be claimed through court. Court then on being satisfied by the facts may order the movable property to be released in name of the heirs.
Succession of immovable property
Succession of immovable property such as Land, house or any kind of immovable property which was to be passed to a person and claimed as an heir can also be claimed through filing a succession certificate. If a person is and heir and the property owned by its ancestor is left to without any will after the death of that person. The person claiming title in the property requires proper documentation. There are certain rules required to be followed to ascertain title in the property. The person claiming title in the immovable property is required to file an application to get succession certificate. Date, place and time of death is required to be given, also it is required to give the residence proof and details of the recipients. After receiving proper information the court will order the succession of the property in names of the heirs.
Our team of practiced lawyers can be contacted to get consultation regarding filing and solving the issues regarding getting a successions certificate. Application process for getting successions certificate requires a loads of work regarding status of Heirs, the deceased person. The securities attached to the property is also required to be mentioned along with other beneficiaries attached to the property.