Will /Succession Certificate
A Will or Codicil is a legal declaration by which a person, defines the distribution of the property (both Movable as well as immovable) after his demise. A will should be administered by an Executor, to manage the same until its final distribution. Usually a will is created to avoid conflict among the family members after his/her demise.
The property described in the will can only be transferred in the name of the beneficiaries by filing for a Probate of the same. our legal team has specialized skills in getting the will drafted and in getting the same probated.
The Indian Laws have defined and clarified the importance of will under following laws
- The Indian Succession Act, 1925
- Hindu Personal Laws
- Muslim Personal Laws
- The Indian Registration Act, 1908
A will can be both Registered will as well as Non Registered. It’s a document of critical importance and utmost care is required as to the selection of witnesses and the contents of the same. As there is no prescribed format for making a will, it can be written in any language and does not require any technical jargon. The document should be free from dubious and unambiguous words.
Succession certificate is issued to successor of a deceased person who has not left a WILL and died INTESTATE. Succession Certificate is a necessary document through which the property (movable as well as immovable) of the deceased person is defined in the name of his legal heirs. The succession certificate defines the rights of legal heirs in the property in absence of a will or codicil by the deceased.
This certificate authorises the successor to realise the debts and securities of the deceased person. The objective is to facilitate the collection of debts on succession and offer protection to the parties paying debts to the representatives of the deceased person. This certificate cannot be obtained for the inheritance of immovable property.
Some key points to be kept in mind
- Succession certificate can be granted even if there is a nomination in the bank accounts, insurance policies, etc.
- Succession certificate is not granted for immovable property
- Succession certificate can be extended, amended in accordance with the applicable law
- Succession certificate can also be cancelled in case of fraud and defective proceedings
A Succession certificate is issued by the courts in India. An application for grant of succession certificate should be made before the district judge in the concerned jurisdiction where the deceased person resided at the time of his death. In case the deceased person has no fixed place of residence then the application should be made before the judge where any part of the property of the deceased person is situated.
A succession certificate can be granted to the minor through a guardian of the minor.
Further the application or petition should mandatorily contain the following details
- Time and place of the death of deceased person
- Residence address of the deceased person
- Details of properties of deceased person
- Rights of the petitioner
- Copy of death certificate
- Details of the debts and securities for which certificate is required
A succession certificate has validity throughout India. If a succession certificate is granted by an Indian Embassy in foreign country, it should be stamped in accordance with the court fee act 1870 to have the same effect in India as a certificate granted by a court in India.