AKSHAY KSHIRSAGAR
Download succession certificate format pdf
By Adv Akshay Kshirsagar on 11th October 2022
What is succession certificate
In this article, we will learn about succession and you so get a free succession certificate format pdf.
When someone dies without leaving a will, the government issues a “succession certificate” to the person who will take their place. If the decedent makes no will, the successor needs to apply for a succession certificate to prove their legitimacy.
The holder of the succession certificate also becomes legally responsible for the deceased person’s financial obligations and property. The certificate holder has the right to transfer the deceased person’s securities and to settle any debts owed by the deceased person.
Where to apply succession certificate
The district judge in charge of issuing succession certificates. You can get a succession certificate by filing a petition in the appropriate district court.
A succession certificate petition must be filed at the district court of the person’s usual place of residence at the time of his death. If no such location exists, the jurisdiction in where the deceased’s property is located would apply.
Succession certificates can be obtained by filing a petition with the District Judge in the county where the decedent lived at the time of his or her death, or if the decedent had no fixed place of residence at the time of his or her death, the District Judge in the county where any portion of the decedent’s property is located.
Petition for Certificate
A petition for a succession certificate must contain the following particulars:
1.Time of death of the deceased;
2. Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls;
3. Details of family or other near relatives;
Grant of Certificate
Court will review the petition, and the results would be available publicly through a national paper. The petition should file a notice of respondent and other heirs will the court. If no one objects within 45 days of receiving the notice, it means the petition is complete and will get approved without the supporting documentation.
Within 45 days after the serving notice, if no one steps forward to claim ownership of the assets or raises a concern, the court will award the petitioner the certificate, provided their claim authority is officially validated and established.
Succession Certificate format pdf
IN THE COURT OF THE CIVIL JUDGE
M.A. NO. / ________________________ 20
XXX
……Applicants.
vs
YYY … Respondent
APPLICATION FOR SUCCESSION CERTIFICATE U/S 372 OF INDIAN SUCCESSION ACT, 1952
Applicant most respectfully submits that,
1. The applicants are residing at the above-said address and the applicants are the daughter’s Late. ____________
2. The applicants state that their mother/father is Late. _____________ has expired on dated _________ at above mentioned residence. Applicants state that their mother is a legal owner of the Flat no. __________________________________
3. The husband/wife of the deceased _________________ is also died on ________ at __________. The deceased had only 2 daughters/sons who are applicants.
4. The applicants are the only legal heirs of _______________ and they entitle to claim over the above said flat at _______
5. The applicants state that the applicants have not filed any type of succession certificate in any court nor filed any probate or letter of administration. Late __________________ died intestate and the applicants entitle to grant the succession certificate.
6.The applicants state that this court has jurisdiction to try , entertain and dispose of the said application.
7. The applicants have affixed the proper court fee stamp to the application.
The applicants therefore prays that:
1. The Hon’ble Court may grant succession certificate of the deceased ____________________ in favour of the applicants in respect of the Flat no.
__________________________
2. Such other and further relief the Hon’ble Court deem fit and proper be granted.
VERIFICATION
I, Applicant. ______________, the applicant herein above state on solemn affirmation that whatsoever stated herein above is true and correct to the best of my knowledge, belief and information and I believe the same to be true and correct.
Applicant Advocate for Applicant