Sunday, December 9, 2018


When a person dies without leaving a will, the family members need the succession certificate to certify their legal claim to the assets

Application: A petition must be made to the Civil Court by the legal heir claiming the asset. It should contain names of all heirs; details about time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced
Newspapers notice: Once petition is received, the court issues a notice in newspapers along with notice to all respondents, calling for objections to issue succession certificate. It provides a period of 45 days to do the same, along with necessary documentary proofs
Issuance: On expiry of the time period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate in favour of the petitioner
Court fee: Courts levy a fixed percentage of the value of the estate as a court fee for issuance of the certificate. This has to be paid in the form of judicial stamp papers of sufficient amount, after which the certificate shall be typed, duly signed and delivered

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