Successions Certificate

A succession certificate is a legal document granted by the courts to the legal heirs of the property left behind by a person (who has passed away intestate i.e. without a will). It is a validation document to confirm the entitlement of the share of the legal heirs left behind.

When is a succession certificate required?

To inherit the movable/ immovable properties of a person who died intestate i.e. without a will.

Who to apply for succession certificate?

 To get a succession certificate an application has 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 and all the legal heirs/ successors can be made a party to it. The application for grant of succession certificate shall contain following:

  • Names of all the legal heirs, their current address of residence.
  • Valid identity proofs of the legal heirs.
  • Details about time, place, and date of death of the person whose property is to be claimed.
  • A copy of death certificate.
  • List of properties left behind along with description and documents if available.

NRI’s claiming succession certificate:

  • NRI heirs of persons who have deceased in India (intestate) have a right to claim succession.
  • If an NRI is not aware about their legal right and their share towards the succession of the properties, they may then consult our NRI property lawyers in Chandigarh to ascertain their rightful claim and to know the procedure.
  • Both Movable and Immovable properties can be covered under a succession certificate.

Wish to Avail Our Legal Services for Succession Certificate?

NRILEGAL.in assists NRI clients by offering sophisticated, reasonable, and dependable dealings at the hands of some of the most experienced and renowned Advocates in Chandigarh Region. The lawyers are experts in NRI maters and prefer a transparent approach.

Frequently Asked Questions (FAQs):

How Much Time Does it Take to Get a Succession Certificate?

The actual time in any court process may vary, although the following timeline may be kept in mind for reference value:

1-2 working days – Consultation and case evaluation.

5-7 working days – Compiling requisite documents i.e. file preparation, drafting of application.

2-3 Working days – Filing and removing any objections on the file.

Upon filing for succession certificate the court may fix an appropriate date to notice all the essential parties and demand their presence. This process generally consumes 4-6 weeks.

If all the parties are agreeing to succession and their respective shares as quoted, the court may upon hearing the counsels for the parties, and perusing the submissions by the parties, issue the certificate on the very same day or may adjourn to another date. 1 day to 6 weeks.

If My Siblings Are Not in Terms With Me, Can I Alone Apply for Sucession Certificate?

Yes, a single person also have a right to apply as to claim their share in succession. In that case too, the other siblings/ legal heirs will be notified by the court and may get a chance to raise objection.

The Deceased Has Left an Unregistered Will of an Immovable Property in My Name, Do I Require a Succession Certificate?

No, you do not require a succession certificate. If the will is genuine and valid document, you should in that case seek Will Probate.

Can a Succession Certificate Be Challanged?

Yes. It can be challenged if it has been obtained fraudulently. You will have to consult a property lawyer to know what best recourse is available.

I am an NRI, Do I Need to Visit India for Getting My Succession Certificate?

Not necessarily. Since it is a civil matter, your presence can be dispensed with to save you time, cost and energy.

Is it Mandatory to Give Special Power of Attorney to Someone to Get Succesison Certificate?

No, it is not mandatory. Appointing SPA is prevalent for convenience, however, it comes with a great deal of risks. If you are not sure about the person and their character, please do not conform your SPA upon them, and bear in mind that there are too many cases of misuse of SPA every year. Another easy way is appointing an Advocate by signing a Vakalatnama to their favour and getting it Apostilled/ Embossed.

Once I Get My Succession Certificate Can I Use It at the Banks for Claiming Funds?

Yes. To the extent of your share.

Once I Get My Succession Certificate Can I Use It at the Estate Office for the Transer of Property in My Name?

Yes. To the extent of your share.