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
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.
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.
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.
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.
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.
For a succession certificate, one should apply to a magistrate or a high court. Usually, courts have a separate cell that issues succession certificates.
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.
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.
