A succession certificate is a certificate given to the successor of a deceased person who has not prepared a will. A succession certificate is given to the successor of a deceased person who has not prepared a will in order to establish the authenticity of the successor. The payment of debts of the deceased person and also the transfer of the securities of the deceased person can be made by the certificate holder. A succession certificate is issued by the district judge of the relevant jurisdiction.
To obtain a succession certificate, a petition should be prepared and filed in the relevant district court. The relevant jurisdiction of the district court for filing a petition for obtaining a succession certificate would be where the deceased person ordinarily resided at the time of his death.
If no such place is available, the relevant jurisdiction would be within which any property belonging to the deceased may be found. The applicant will prepare a petition, verify and sign the same and submit it to the district judge in the appropriate jurisdiction after paying the appropriate court fees. After hearing all the concerned parties, the judge will decide if the applicant is within his right to apply for the succession certificate and shall grant the succession certificate to him if satisfied.
Now without going to the Courts, the legal heirs can obtain Letters of Administration or Succession Certificates, as the case may be, through a quick five stage process faciliated by Succession Facilitation Units operated by the National Database Registration Authority.
The Applicants have to submit a simple application form after which NADRA will issue public notice in leading local nuewspapers and on its website. Where no objections are received within fourteen days, the legal heirs whether in Pakistan or abroad London, Manchester, Birmingham, Bradford, Jeddah, Riyadh, Medina, Dubai, Abu Dhabi, Doha can visit their local NADRA office in Pakistan or the Pakistan Missions abroad, as the case maybe, in the above mentioned cities and conduct bio-metric cerification.
There are numerous documents and plenty of hidden fees that people get lost in, her goal is to shed some light on it all. Your email address will not be published. Skip to content. By Kruthi Mar 10, This is third Get a Quote. This is fourth Get a Quote. This is fifth Get a Quote. This is six Get a Quote. This is seven Get a Quote.
This is eight Get a Quote. How long does it usually take for the court to issue the succession certificate? Does the succession certificate ensure that the holder will be the beneficiary of the estate? What happens when more than one petition is filed for the succession certificate? What is the cost of obtaining a succession certificate? What happens if some debts or securities are left out of the succession certificate? Who issues the succession certificate? Kruthi Kruthi is a Chartered Accountant has worked for various Real Estate firms across India, she is well versed with the legal and financial aspects of all real estate transactions.
Related Post. Leave a Reply Cancel reply Your email address will not be published. You missed. Nov 10, Susan. Celebrity Homes. Once all the hearings, as directed by the District Judge is concluded, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.
Register Your Property. To get the certificate, the legal heirs of the deceased must file an affidavit petitioning their claim to the property to the District or High Court of proper jurisdiction. The affidavit also requires the petitioner to submit copies of their passports of ration cards.
The affidavit shall also include the following details:. The above details are also to be provided for the next-of-kin of the deceased. In case a legal heir wishes to relinquish his right to the estate, this must also be explicitly mentioned in the affidavit. Once the affidavit is filed before the court by the petitioners, the court shall give notice of the application to all next-of-kin of the deceased. The information may also need to be made public by way of an advertisement in a national daily for information.
In the stipulated time period, if no objection to the grant of certificate is raised either by the next-of-kin or the public at large, the certificate will be issued soon after. It generally takes around four months for a decision in the matter of succession certificate. Once the certificate of succession has been granted to the petitioner by the court, the next step is to sign a bond to indemnify persons entitled to the debts and assets of the deceased.
The bond will also require a surety whose own assets are equal to or worth more than the estate of the deceased. The surety is generally for the purpose to guarantee the legal heir.
Under the Indian legal system, the property devolves according to the religion of the deceased in case of an intestate death.
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