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Succession certificate and legal heir certificate

When it comes to gaining access to their inherited moveable assets in India, non-resident Indians have many difficulties. Legal heirs are in disarray due to banks’ strict regulations governing the release of deceased people’s wealth since they are unfamiliar with the rules and processes for accessing these assets. Any type of movable asset, including cash in bank accounts, investments in stocks, bonds, mutual funds, or other financial instruments, or cash deposited in India’s post offices, must now be accompanied by a succession certificate in order to be accessed.

A Succession Certificate is a legal document that the court issues to allow the heirs of the deceased to claim any movable property. On a request for issuance of such a succession certificate filed by the beneficiaries in a court of suitable jurisdiction, it is issued by the appropriate civil courts in India in accordance with the applicable inheritance laws.

How to Obtain a Succession Certificate in India?

– In order to get a certificate, the beneficiary must file a petition with a court of law.

– The certificate may be issued by the district judge whose jurisdiction includes the movable property in question or by the judge who presided over the deceased person’s residence.

– The beneficiary’s name, relationship to the deceased, and the names of all other Class 1 Legal Heirs must all be included in the petition.

– The petition must be accompanied by a copy of the deceased person’s death certificate for whom the legal heirs are requesting access to their assets.

– The court will then inform all parties involved and provide a deadline for anyone to object. The court then gives a succession certificate to the beneficiary if no objections are voiced.

– A joint certificate is given in the case of several beneficiaries.

To help the Indian diaspora abroad secure these succession certificates so they can access the hard-earned money that their parents put in movable assets, NRI Paperwork Solutions offers a comprehensive solution. Our clients do not need to fly to India in order to receive this comprehensive service from us.

FAQs

Can we claim immovable properties also under the petition for Succession Certificate?

No. Only movable assets, such as money held in savings accounts, FDRs, pension funds, etc., are claimed in a Petition for Succession Certificate.

What documents do we need for filing Succession Certificate?

Original bank-related documents must be presented in court. The original record might be ordered in court from the involved banks if the claimant does not have the original paperwork. Additionally, the petition must be accompanied by the original death certificate of the person whose assets are being claimed. Original Will is required if the assets are being claimed in accordance with the Will.

Why do you require a Succession Certificate?

In order to avoid any discrepancies, banks and other financial organisations do not allow legal heirs to manage the deceased person’s bank accounts without a valid court order. To acquire order in this regard, the Petition for Succession Certificate is submitted.

What is the time limitation to file for Succession Certificate?

You can submit a Petition for Succession Certificate at any time. There is no set amount of time.

What is the basis for filing a petition for Succession Certificate?

A Will or natural succession may be used as the basis for a Succession Certificate application.

Can daughters claim movable assets of deceased father/mother?

Yes, they can, unless the testator specifically excludes his or her daughters from inheriting any of the properties that were acquired by the testator themselves.

How much time does it take to conclude this case?

It varies from case to case. However, the minimum period is roughly a year.

What are the other expenses to obtain a Succession Certificate apart from paying the lawyer?

Upon the total sum sought in the petition for a succession certificate, court fees must be paid. The cost of the court fee varies from state to state and is a requirement that must be met.

Who all are made parties in the Petition of Succession Certificate?

The general public is always the first party. A publication is done following the court’s directive in order to solicit general public objections as required by Indian law. The lawsuit also includes all of the legal heirs of the deceased who have no claims to any of the deceased’s property. In the event that the claimant does not have the original bank documents, banks may also be pleaded as parties.

 

A legal heir certificate is used to identify the deceased person’s legitimate living successors. The succession certificate, on the other hand, is intended to first identify the legitimate living successors of a deceased person before allowing them to claim the deceased person’s movable property.

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