A succession certificate is a Legal document authorising a person as  rightful/lawful successor of the deceased who has died intestate i.e. without making a WILL. The primary objective of Succession Certificate is to grant the successor the authority to inherit debts, securities and other movable assets of the deceased. However, if a deceased person has left a valid WILL, the inheritance shall be governed by the terms of that WILL, rendering the need for a Succession Certificate irrelevant in such cases.

Succession Certificate can only be issued to the Legal heirs/ Successors of the deceased person and not to any other person.

Why is Succession Certificate required?

A Succession Certificate is essential when a deceased person has not appointed a nominee for his debts or when he has died intestate i.e. without making a WILL. Financial institutions such as banks, companies, and other entities require the legal heirs or successors to provide a Succession Certificate before releasing the deceased person’s financial assets such as bank account balances, provident fund dues, securities, and other debts. The Succession Certificate serves as legal proof of the Legal heir’s right to collect such assets.

Who can grant Succession Certificate?

Succession Certificate is issued by the District Judges within whose jurisdiction the deceased person resided before his death or within whose jurisdiction any part of the property of the deceased may be found.

The certificate issued by the District Judges mentions the debts and securities to which the Certificate applies. The holder of the certificate may apply to the District Judge for an extension of the Certificate to cover additional debts or securities not initially included in the Certificate.

Procedure for Application of Succession Certificate

Legal heirs of the deceased person shall apply to the District Judge for grant of Succession Certificate by providing the following particulars in the application:

1. the time of the death of the deceased
2. the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits
3. the family or other near relatives of the deceased and their respective residences
4. the right in which the petitioner claims
5. the debts and securities in respect of which the certificate is applied for.

Conclusion

A Succession Certificate is a Legal Document which establishes the authority of the certificate holder to inherit debts and securities of the deceased person. The certificate ensures the proper legal transfer of financial assets of the deceased and protects institutions from future claims regarding the assets of the deceased.