The circumstances under which a succession certificate is required, and acquired is truly unfortunate, but this piece of legal documentation is the answer to many logistical questions and intricacies. All of us aspire to leave behind a legacy and estate that will take care of our loved ones, softening the blow of our deaths. The common advice is to create a personal will, regardless of how old one is, or where one stands in life - but the only guarantee in this life is its uncertainty. In the advent of an individual's sudden passing - their family is left not only in shock but also has to grapple with long hours of legal hassles to attain a semblance of financial security.

When the deceased hasn't left a will and pronounced its executor, the deceased is then said to have died intestate. Here is where the succession certificate comes in, playing a big role in ensuring that the deceased's assets are directed to the correct heir, allowing them access to their assets - protecting them financially and legally.

In this article, we will introspect on what the succession certificate is, what it entails, how to procure it and its importance. An individual's death is immediately followed by a flurry of logistical activities, leaving their near and dear ones with no time to grieve. By making the process and its role clearer, we hope to make the coping process easier who those struggling with loss.

WHAT IS A SUCCESSION CERTIFICATE?

Essentially, a succession certificate is a legal document that authorizes the person or people obtaining it to represent the deceased individual in a bid to collect what is owed to them - this includes debts, securities and both movable and immovable assets. This certificate falls under the Indian Succession Act, 1925.

In most cases, asset owners who have died intestate, it is their families who apply for a succession certificate - allowing them access to the assets that the individual owned, This certificate affirms who the official legal heirs of the deceased are, by giving them the privilege of inheriting all the assets left behind by the deceased.

This also means that the proprietor of the certificate gets to collect any debts owed to the deceased on their behalf - for example, if the deceased had lent money and is due to receive it, the legal heir can now show the succession certificate as proof and collect the money on their behalf.

The validity of the certificate stands unconditional across India. However, if the beneficiary is a non-residential Indian, or is not of Indian origin, the certificate will stand valid, only with all the proper stamps in place. These certificates are typically issued by the district judge of the area, where the deceased lived, at the time of their passing - or has any property that belonged to them.

WHAT ALL CAN THE BENEFICIARY ACCESS?

The beneficiary or the succession certificate holder(s) hold the right access all the movable and immovable assets of the deceased, alongside all the debts and securities owed to them. This would include everything from the deceased's properties, their fixed deposits, other bank savings, investments and other receivables. One might wonder, in the case of bank deposits and investments - what becomes of the nominee listed in the documentation.

Typically, banks release the funds to the nominees by their own accord, but that doesn't necessarily mean that the nominee is in fact the legal beneficiary holding the succession certificate. If a dispute arises, the courts are directed to ask for a succession certificate - enabling the beneficiary to safeguard the funds, till a verdict is reached.

Movable properties/ assets would include:

• Provident Fund
• Banks deposits
• Shares
• Bonds
• Loans

Readers must note, that for movable properties and assets, a succession certificate alone, is enough.

Immovable properties/ assets would include:

• Landed properties
• Gold, precious metals and jewellery
• Vehicles

It is also important to add here, that the beneficiary must produce a letter of administration, alongside their succession certificate, to support their claim - validating the authenticity of the claim.

Specifically in the case of transferring property titles from the name of the deceased to the beneficiary, here are some things that need to be kept in mind.

• Just knowing that the property was owned by the deceased is not enough. There needs to be legal documentation to prove their ownership.
• If the property in question doesn't fall under a district judge's territorial jurisdiction, then additional paperwork must be filed. Alternatively, the beneficiary can seek the counsel of the district judge in another area, where the deceased owned another property.
• There must be sufficient paperwork supporting the fact that the property was undisputed, and was not embroiled in any litigation.
• Complete details of any debts attached to the property must be disclosed.

HOW TO OBTAIN A SUCCESSION CERTIFICATE?

The process of extracting an important legal document from government and civic authorities can often be daunting. However, here we have listed down all the steps a beneficiary needs to follow, to obtain their succession certificate for your access and convenience.

1.Particulars to be included, at the time of filing the application

• The time of death of the deceased
• The address of the deceased, at the time of death
• A list of the deceased's family members and the details of their residences
• The rights of the petitioner
• A list of all the debts and securities for which the succession certificate is being obtained. This is to include both movable and immovable assets.

2.Got the paperwork in place. Now what?

• The applicant has to prepare a petition stating their need for a succession certificate, signing it before submitting it to the appropriate district judge for verification, after paying the government-mandated fee for the same.
• The district judge typically looks into the petition before setting a date for the hearing. Before that, the judge's office notifies everybody concerned in the case, and puts out a notice in the local newspaper, stating the applicant's intent.
• After hearing all the parties involved, the judge then passes the verdict, deciding if the applicant is fit for the succession certificate.
• The whole process can take up to five to seven months in the Indian courts.