Succession Certificate: All You Need To Know
By Advocate B.Srikiran / 2017-02-22
Succession Certificate is a certificate issued to the legal heirs of a dying person leaving debts and titles. The certificate of succession entitles the holder to make the payment of the debt or transfer the securities to the holder of the certificate without having to determine the legal heir who is entitled to it. The succession certificate grants compensation to all persons who owe such debts or are responsible for such securities with respect to all payments made or transactions in good faith with a person to whom a certification has been granted.

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A succession certificate is issued by a civil court to the legal heirs of a deceased person. When a person dies intestate his estate has to be managed by someone to inherit and it can be done only by inheriting the authority by court process for which a succession certificate can be issued by a civil court to the legal heirs of a deceased. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.

Effects of Succession Certificate

A succession certificate, strictly speaking, does not affect the adjudication of title of the deceased far less than that of the holder as regards the debts and securities covered thereunder. Yet, simply to afford protection to the parties paying the debts, the grant of succession certificate is conclusive against the debtor. A succession certificate is an effect throughout the whole India as per Section 380 of The Indian Succession Act,1925.

According to Sections 381 and 386 of the Indian Succession Act, 1925 , a succession certificate is conclusive as against the person/persons liable to whom full indemnity is afforded (make available) for payments made. But, despite the succession certificate is only conclusive of the representative title of the holder thereof as against the debtors, a suit of the declaration will not lie that the holder of the certificate is not the legal representative of the deceased. You can talk to the best documentation lawyers in India to get a succession certificate.

Requirements of Succession Certificate

Succession Certificate is a certificate issued to the legal heirs of a dying person leaving debts and titles. The certificate of succession entitles the holder to make the payment of the debt or transfer the securities to the holder of the certificate without having to determine the legal heir who is entitled to it. The succession certificate grants compensation to all persons who owe such debts or are responsible for such securities with respect to all payments made or transactions in good faith with a person to whom a certification has been granted.

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Get connected to the Best Lawyers and Chartered Accountants Near You!


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