THE SUCCESSION CERTIFICATE ( Grant And Revocation)

Description

Here’s a concise yet detailed explanation of Succession Certificate – Grant and Revocation under Indian law:

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Succession Certificate (Grant and Revocation)

1. Meaning of Succession Certificate

A Succession Certificate is a legal document issued by a civil court under Section 370–381 of the Indian Succession Act, 1925. It establishes the rightful heir(s) to the debts and securities (like bank accounts, fixed deposits, shares, insurance, etc.) of a deceased person who died intestate (i.e., without a will).

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2. Purpose of a Succession Certificate

It authorizes the holder to:

Collect debts and securities of the deceased.

Transfer or negotiate securities.

Settle liabilities.

Protects the debtor (e.g., banks) from future claims once they have paid to the certificate holder in good faith.

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3. Who Can Apply?

Legal heirs of the deceased person.

Application is made to the District Judge within whose jurisdiction the deceased ordinarily resided.

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4. Contents of the Application (Section 372)

The petition must include:

Time and place of death of the deceased.

Details of the family/next of kin.

Rights of the petitioner.

List of debts and securities.

Absence of any impediment to the grant of certificate.

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5. Procedure for Grant (Section 373)

1. Filing of Petition before the District Court.

2. Public Notice: Court issues a notice in a local