Succession Certificate In India for NRI: An Introduction
Many NRIs have their assets in India and struggle to access their inherited property. As they reside outside India, it sometimes happens that people are not aware of Indian laws. In some cases, they must have the required documents at the time of accession. A succession Certificate is such a document that plays a massive role in inheriting a property.
The Indian Government makes possession of a succession certificate mandatory so that the legal and appropriate heirs can easily claim their assets. It can be movable assets, funds in a bank account, equity, etc. The issuance of a succession certificate comes under the Indian Succession Act 1925, which states that the successor with a valid succession certificate can avail a deceased person with debts or equity left behind.
What is a Succession Certificate under the Indian Succession Act?
A succession certificate format for NRI is a document that gives authority to a person (who obtains it) to represent the deceased person for collecting property, funds, equities, etc., payable to his (dead person's) name. Without a will, the succession certificate is a primary document through which legal heirs claim the deceased person's assets.
The issuing of a succession certificate doesn't give a successor the to claim the property of a deceased person because it doesn't determine the title, right, and interest of the dead person to an entire property or a particular property. However legal successor of the intestate dead person is entitled to claim the deceased person's property.
Succession Certificate For NRI In India (PDF Format):
What is the difference between a Legal Heir Certificate & Succession Certificate?
- Succession certificates and legal heir certificates are entirely different. If a family member passes away, the immediate next legal heir, such as husband/wife/daughter/son/mother, can apply for a succession certificate. With the help of this certificate, you can transfer Telephone Connection, Electricity Connection, Bank Account, House Tax, Filing of ITR, etc.
- Suppose the dead person is a Government Servant. A legal heir certificate was issued to get appointments on the concerned grounds or for approval of the family pension. A legal Heir certificate is also provided for the transfer of immovable and movable assets.
- A succession certificate is required to inherit any movable or immovable property under various property laws in the country. Most issues come under the Hindu Succession Act. Some come under the Indian Succession Act or community acts. The problems need to be known from the proper perspective for both categories.
- The succession certificate is used for possession or transfer of property or for paying security, paying debts on behalf of the dead person. The legal heir certificate is issued for pension, gratuity, PDF, retirement claims, etc.
How to get a Succession Certificate in India?
A succession Certificate is granted by Courts in India to legal heirs in the case of an intestate deceased person. A dead person is said to be intestate if they do not have a legal will. A succession Certificate authorizes the holder to transfer securities or to make payment of the debt to the certificate holder.
Procedure for obtaining a succession certificate:
To obtain a succession certificate, petition the District Judge of the particular jurisdiction where the deceased person resides or is present at the time of death. If the dead person doesn't have any fixed place, you can file a petition to the district judge of the jurisdiction where any part of the property of the deceased person may be found.
Particulars for the petition of Succession Certificate:
- Time of death of the deceased.
- The rights of the petitioner.
- Details of family/near relatives.
- Details of properties of the deceased at the time of death under the jurisdiction of the particular judge.
Grant of a Succession Certificate:
On making the petition, if the District Judge is satisfied with the ground for making the petition, he can grant an opportunity of hearing to persons who, in their opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for the grant of a certificate specifying the debts and securities outlined in the application, empowering the person to receive interest or dividend, negotiate or transfer, or do both.
Validity of a Succession Certificate:
A succession certificate has validity throughout India. Suppose a certificate is granted in a foreign country by an Indian representation accredited to that State. In that case, it should be stamped by the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.
A succession Certificate is a document issued by the court for claiming movable properties by the successors of the deceased. The succession certificate affirms who the legal heirs of the dead are and that there was no will. A succession Certificate may be enough for the legal heirs to administer and dispose of property, but it is not the most pertinent document in the case of properties. For this, a letter of administration is likely necessary. A letter of administration is a document that explicitly grants a person the authority to administer the property of someone who has died intestate. This procedure to get this document is the same as the procedure for getting the succession certificate.