NRI Succession Certificate

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What is NRI Succession Certificate?

Succession certificate is a document issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person. This certificate authorizes successor(s) to realize debts and securities of the deceased person. Issuance of succession certificate does not give right of succession to the claimed property of a deceased person, because it does not determine the right, title and interest of the deceased person to a particular property or entire property. However, successor(s) of intestate deceased person is/are entitled to inherit the deceased person s property (ies). As per Section 370 of Indian Succession Act, when the deceased person has left a validly executed Will , the entire estate of the deceased person under that will vests on the executor of the will and in such cases Succession Certificate cannot be granted. In eligible cases, the competent court to issue such certificate is the District Court(Section 371 of the said Act) in whose jurisdiction the deceased person generally resided.

Deliverables 

Procedure for Obtaining Succession Certificate To obtain a succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that the time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found. Petition for Certificate A petition for a succession certificate must contain the following particulars:  Time of death of the deceased;  Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;  Details of family or other near relatives;  The rights of the petitioner;  Absence of any impediment to the grant of a certificate; Grant of Certificate On making the petition, if the District Judge is satisfied with the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for the grant of a certificate specifying the debts and securities outlined in the application, empowering the person to receive interest or dividend, negotiate or transfer, or do both. Restriction on Succession Certificate A court can sometimes require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the debt or securities. Validity of Succession Certificate A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India. A succession Certificate (SC) is required when somebody inherits any immovable or movable property under the various relevant Laws in the country. The majority of these issues are covered under the Hindu Succession Act. However, minorities are covered by their community acts or the Indian Succession Act. This issue needs to be understood from the right perspective for both categories.

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