SUCCESSION CERTIFICATE
What is a succession certificate?
When a
person dies, his property which he left is transferred, to others either
according to his will or according to the law of succession.
The
succession certificate is a formal document that attests to the qualification of
the person as entitled to collect some debt of securities by entitled person.
Any person
who has attended the age of majority and has beneficial interest can apply for
succession certificate.
Meaning of succession certificate:
The term
succession certificate means that the instrument through which succession is
made of a document by execution of which the succession is made or done is
called succession certificate.
Definition of succession certificate:
“Succession the certificate is a document certifying the entitlement of a particular person or
persons to a succession of a deceased person”
The object of succession certificate:
The object
of the succession, the certificate is the collection of debts of deceased
Jurisdiction of the court:
The district judge within whose jurisdiction the deceased ordinarily
resided at the time of the death
Or a district judge in whose jurisdiction any part of the property of the
deceased may be found may grant a certificate
Grant of succession certificate on behalf of minors:
If a succession certificate has to be granted to a minor then instead of
granting him directly it is granted to his guardian.
Application for succession certificate:
Application for succession certificate shall be made to the district
judge by the petition signed and verified by or on behalf of the applicant in
the manner prescribed by the code of civil procedure 1908 for the signing and
verification of a plaint by or on behalf of a plaintiff and setting forth the
following particulars namely:
(a)
Time
of death of deceased
(b)
Ordinary
residence of deceased
(c)
The
property of the deceased within the whose limit
(d)
Name
of family members or near relatives of deceased
(e)
The
right in which the petitioner claims
(f)
The
securities and debt in respect of which the certificate is applied for
Joint certificate:
In the case where more than
one person applies for a certificate, a joint certificate may be granted
Who can apply for a succession certificate?
Any person who has attended the age of majority and has a beneficial interest can apply for a succession certificate.
The following persons are entitled to obtain a succession certificate:
1. SOUND MIND:
Any sound mind person can
apply for the succession certificate.
2. MAJOR:
Any person who has
attained the age of majority can apply for a succession certificate.
3. INTEREST IN THE ESTATE:
Any person who has an interest in the estate of a deceased person can apply for a succession certificate.
4. SECRETARY OF STATE:
The secretary of state
can apply for the succession certificate.
5. BENEFICIAL INTEREST IN THE DEBTOR
SECURITY:
Any person who has a beneficial
interest in the debt or security can apply for a succession certificate.
Court procedure on application
The procedure for the
application for the grant of succession certificate is as follows:
1. SATISFACTION OF THE DISTRICT JUDGE:
For the grant of the
succession certificate, it is necessary that the District Judge is satisfied
that there is ground for entertaining the application.
2. HEARING OF APPLICATION:
When the District Judge
is satisfied that there is a ground for entertaining the application he shall
fix a day for the hearing thereof.
3. NOTICE OF THE APPLICATION AND HEARING:
After fixing the day he
shall cause notice of the application and of the day fixed for the hearing.
4. PERSON ON WHOM THE NOTICE IS TO BE
SERVED:
After fixing the day he
shall cause notice of the application and of the day fixed for the hearing to
be served on any person to whom, in the opinion of the judge, special notice of
the application should be given.
5. POSTING OF NOTICE:
After fixing the day he
shall cause notice of the application and of the day fixed for the hearing to
be posted on some conspicuous part of the courthouse in such manner, if any,
as the judge subject to any rules made by the High Court on this behalf thinks
fit.
6. PUBLICATION OF NOTICE:
The District Judge shall
also cause to be published the notice in such other manner, if any, as the
judge subject to any rules made by the High Court in this behalf thinks fit.
7. DECISION IN SUMMARY MANNER:
Upon the day fixed or as
soon thereafter as may be practicable shall proceed to decide in a summary
manner the right to the certificate.
8. ORDER FOR THE GRANT OF CERTIFICATE:
When the judge decides
the right thereto to belong to the applicant, the judge shall make an order for
the grant of the certificate.
9. GRANT TO BEST ENTITLED PERSON:
If the judge cannot
decide the right to the certificate without determining questions of law or a fact that seems to be too intricate and difficult for determination in a
summary proceeding, he may nevertheless grant a certificate to the applicant if
he appears to be the person having prima facie the best title thereto.
10.
MORE
THAN ONE APPLICANT FOR THE
CERTIFICATE:
When there are more
applicants than one for a certificate, and it appears to the judge that more
than one of such applicants is interested in the estate of the deceased the judge may, in deciding to whom the certificate is to be granted, have
regard to the extent to interest and the fitness in other respects of the
applicants.