How to Obtain a Succession certificate In India

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Obtain a Succession certificate In India By Yourself

If someone does not make an estate upon his death, the family members should obtain an estate certificate that certifies the legal heir legally entitled to claim the estate according to the rules of succession.

Apply in person for a legal Heir

  • The applicant can visit the Office of Thasildar or Sub-Collector/authority authorized by the government to apply in the individual.
  • Application forms can be obtained at the office when the an applicant is in the office. OR The applicant must write his application on A4 paper. Attach the stamp as directed on the application as per the requirements.
  • Visit the appropriate office and fill out the application form together with the document required to the authorities in charge.
  • After receiving the application, the authorities will review the submitted documents and information. If everything is correct They will then make entries in their register (or electronically via PC) and give you a the record number to refer to.
  • Thasildhar OR the authority in question will transfer this application’s further process to Village Administrative Officer (VAO) along with the Mandal Revenue Officer (MRO) OR the authorities responsible.
  • It will take place a basic examination and verification of documents provided by the authorities above.
  • After the verification process is completed the officials will then submit their findings to the Thaasildhaar or the authority in question to determine on the issue of the certification to the person applying along with names of the legal heirs to the deceased.
  • The applicant will be issued a certificate upon verification

Apply to Civil Court for Succession Certificate

  1. Applicant(legal heir) will file an application with the prescribed form to the relevant Civil Court within whose jurisdiction the estate from the deceased’s estate is located (applicant must make an application through a lawyer if required)
  2. When the petition is accepted and the court has an announcement in the local media along with a letter to all respondents.
  3. The notice invites objections, in the event of any for the issue of a succession certificates, and gives an amount of 45(applicable time) days for doing the same , along with any documents required for proof of succession.
  4. After the expiration of the period when the court has not received any response and nobody challenges the request, the judge will issue an order granting the succession certificate.
  5. The fee must be paid in the form court stamps in a reasonable value (fixed proportion of worth in the property) that is set by the court. The certificate will then be issued.

Note:

  • In certain states, applicants must seek out services available over the counter such as CSC centres/e-seva to apply.
  • In certain states, applicants must apply through the department’s online portal.
  • Find contact information and an application form on the respective state portals by clicking the links provided for each of the states below.

Required Documents For Obtain a Succession certificate In India

  • Death certificate
  • Identity Card
  • Ration card
  • Written / prescribed application form
  • Evidence of residence of deceased person (Voter ID/DL or Bank Pass Book, etc.,)

In the case of Spouse’s application to get certificate

  • If the spouse lives, Aadhaar, Marriage Registration Certificate or Passport or Voter ID must be presented
  • birth certificate, transfer or death certificate for all children
  • Self declaration of spouse, indicating any other legal inheritors (including mother-in-law in the case of the person applying)

In the event of a child is applicable if the parent has passed away

  • Death Certificates of parents
  • Birth certificate or Aadhaar Passport / T.C of the person applying and Aadhar card of any potential descendants

In the case of a child (minor) is applicable if parents die

  • Death Certificates of parents
  • Birth certificate or Aadhaar Passport/ T.C of the person applying and Aadhaar card for all potential inheritors
  • Guardianship order is issued by the Honourable Civil Court to establish the relationship with the descendants

If parents or sibling applicants (unmarried children who have died)

  • Birth Certificates of the person who died
  • Birth certificate/ Aadhaar Birth certificate / Aadhaar Passport or T.C from the decedent
  • Self-declaration by parents or siblings

Note:

  • Original and copies of the originals with self-attestation as instructed by the relevant authorities must be provided as per the requirements.
  • Other than the documents mentioned above, authorities could request additional documents or information. You must provide them to process.

Office Locations and Contacts

Department of AR & PG,
Sardar Patel Bhawan
Parliament Street, New Delhi – 110 001.
Phone: (011) 23360208
Fax: 011-23360352
Link for Contacts: Link for details

Supreme Court of India,
TilakMarg, New Delhi-110001,
011-23388922-24,23388942,
FAX : 011-23381508,23381584.
e-mail : supremecourt@nic.in

Eligibility

  • The spouse of the deceased could apply
  • The daughter or son of the deceased may apply
  • The mother or father of the deceased may apply
  • A sibling of the deceased may be eligible to apply

Note: Other than the applicants, all other eligible members are listed as heirs on the certificate.

Fees

  • Authorities will give further details. You must pay according to the authorities’ quote.
  • The application process through the Civil court could cost you more based on requirements.

Validity

The validity time of this certificate has been extended to be life-long in accordance with the GO

Instructions

  • Legal heir certificates are given by government for who have a parent or spouse who has died without leaving an estate plan.
  • Establish a relationship with claims related to insurance and pension benefits, retirement benefits, or other benefits offered by department of the central government as well as state government and Government enterprises, etc.
  • In legal succession cases , obtain a succession certificate to establish the relationship.
  • To get employments for example compassionate appointments.
  • Visit your District Thasildar Office with your death certificate and bring the certificate.
  • All documents required to submitted when submitting the application.
  • It takes about one month to complete all the necessary data and to receive the certificate.

Requirements Information

  • Names of the deceased
  • Family Names and Relationships
  • Applicant Signature
  • Date of application
  • Residence Address

The Document is required

  • If the head of the family or a person in the family passes away then the next legal heir to the deceased, such as the husband or wife or son, or mother can apply for a legal-heirship certificates – Succession Certificate in order to serve the purpose of transfer of Electricity connection house tax, telephone connection or patta transfer Bank Accounts, etc.
  • When the deceased person passed away is a public servant the legal heir certificate can be given to approve family pensions, as well as for being appointed for compassionate reasons.
  • Legal Heirs certificates are an important document to determine the proper ownership of the property or asset in the circumstances of sudden death of the owner, as stipulated in the documents recorded.
  • Legal Heirs certificates play an essential part for the buyer, the loan sanction authority, as well as all stake holders to identify who are the correct owners of the property in question
  • If there are multiple Legal Heirs each of the legal heirs has to execute a Conveyance Deed.

Information that could be helpful

  • The certificate is valid for many years.
  • Complete the application correctly without making any mistakes.

Note: It’s criminal to attempt by using fake documents to get legal heir certificates.

Other uses for the document/certificate

Legal Heir Certificates are used to establish the relationship of claims related to insurance and pension benefits, retirement, or benefits for service of department of the central government as well as state government as well as Government companies. It is also helpful to file IT Return and claim refunds of the deceased.

External Links

Information on the Form for: Demand of Legal Heir Certificate India Government Websi

Source:

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