What is Succession Certificate - To Get Succession Certificate in Chennai - 9840802218
A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed.
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) 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;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
[(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
370. Restriction on grant of certificates under this Part.—
(1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate: Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act.
(2) For the purposes of this Part, “security” means—
(a) any promissory note, debenture, stock or other security of the Central Government or of a State Government;
(b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United Kingdom] on the revenues of India;
(c) any stock or debenture of, or share in, a company or other incorporated institution;
(d) any debenture or other security for money issued by, or on behalf of, a local authority;
(e) any other security which the 2[State Government] may, by notification in the Official Gazette, declare to be a security for the purposes of this Part.
Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com
The Author K.P.Satish Kumar M.L. is the leading Property Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9840802218. Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates @ 9840802218
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s1600/images+%25281%2529.jpg" imageanchor="1" ><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s320/images+%25281%2529.jpg" width="320" height="179" data-original-width="300" data-original-height="168" /></a>
Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—
(a) the time of the death of the deceased;
(b) 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;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).
[(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
370. Restriction on grant of certificates under this Part.—
(1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate: Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act.
(2) For the purposes of this Part, “security” means—
(a) any promissory note, debenture, stock or other security of the Central Government or of a State Government;
(b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United Kingdom] on the revenues of India;
(c) any stock or debenture of, or share in, a company or other incorporated institution;
(d) any debenture or other security for money issued by, or on behalf of, a local authority;
(e) any other security which the 2[State Government] may, by notification in the Official Gazette, declare to be a security for the purposes of this Part.
Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com
The Author K.P.Satish Kumar M.L. is the leading Property Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9840802218. Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates @ 9840802218
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s1600/images+%25281%2529.jpg" imageanchor="1" ><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s320/images+%25281%2529.jpg" width="320" height="179" data-original-width="300" data-original-height="168" /></a>
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