A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due or payable in his name
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The certification is given by an Indian court of law to the legal heir of the deceased after carrying detailed investigation to identify the one. However, this is different from a legal heir certificate.
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A succession certificate is required when someone inherits any immovable or movable property under the various property laws in the country. A legal heir certificate is used for gratuity, pension, insurance, PF,retirement claims etc.
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A succession certificate compensates for the absence of a legal will as the primary document through which the heirs can ascertain claim to the assets of a deceased relative.
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For succession certificate, 3% of total value of the property will is charged by a civil court. Besides, Rs 2 for a stamp and Rs 20 for stamp paper for affidavit will be required.
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In case of intestate death, succession certificate allows the legal heir to settle impending debts, securities and make use of the remaining assets of the deceased person.
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For a succession certificate, one should apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates.
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Issuance of succession certificate does not give right of succession to the claimed property of a deceased person. However, it provides the legal heir the entitlement over such property.
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In the case of succession certificate, a newspaper notice for 45 days is issued by the court for anyone to raise an objection. If there's no external resistance, the court will issue the certificate.
Published: August 22, 2021, 16:48 IST
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