#InheritanceLaw

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Who Can Apply for a Succession Certificate and How? Everything You Need to Know

Losing a loved one is never easy. Along with emotional pain, families also face many legal and financial challenges. One common issue is getting access to the deceased person’s money, bank accounts, shares, or insurance claims. If the person passed away without leaving a will, or even if there is a will that needs to be enforced, the succession certificate plays an important role.

This blog will help you understand who can apply for a succession certificate, how the process works, and how it connects with probate of a will and unclaimed insurance claims. We will also explain where and how to make the application for a succession certificate using simple terms.

What Is a Succession Certificate?

A succession certificate is a legal document issued by a civil court. It gives authority to the legal heir(s) to collect debts and securities of a deceased person. This certificate is mostly used when there is no will left by the person (also called intestate death).

With a succession certificate, the legal heir can claim:

Bank balances

Fixed deposits

Mutual funds

Shares and debentures

Unclaimed insurance claims

Bonds and other securities

It helps banks and financial institutions know that the person claiming the assets is legally entitled to receive them.

Who Can Apply for a Succession Certificate?

Only the legal heirs of the deceased person can apply. A legal heir can be:

Spouse (husband or wife)

Children (son or daughter)

Parents (father or mother)

Siblings (in absence of direct heirs)

If there is more than one legal heir, they can apply together or authorize one person to apply on behalf of all.

It’s important to note that a succession certificate is different from a legal heir certificate. While both identify the heirs, the succession certificate gives the legal power to deal with debts and securities.

Application for Succession Certificate – Step-by-Step Process

The process involves filing a petition in a civil court (usually the District Court) in the area where the deceased person lived or where their property is located.

Here are the steps:

1. Draft the Petition

The application must include:

Name, address, and details of the applicant

Relationship with the deceased

Death certificate of the deceased

Details of debts and securities (like bank account details, shares, etc.)

Names and addresses of other legal heirs

A declaration that no will exists (if there is no will)

2. Submit the Petition in Court

The petition is filed under Section 372 of the Indian Succession Act, 1925. It must be submitted to the relevant District Court.

3. Notice in the Newspaper

The court will publish a notice in a newspaper to allow any objections. This is usually for 45 days. If no one objects, the court proceeds.

4. Court Hearing and Verification

The judge may ask for additional documents or statements from witnesses. The applicant should be ready to answer questions about their relationship with the deceased.

5. Grant of Succession Certificate

Once the court is satisfied, it will issue the succession certificate. This certificate can then be shown to banks, financial institutions, or companies to claim the assets.

What Is Probate of Will?

Sometimes, the deceased person leaves a will. In such cases, the legal heirs must prove that the will is genuine. This process is called probate of will.

Probate is a certificate granted by the court that confirms:

The will is valid

The executor (person named in the will) has the authority to carry out the wishes written in the will

Probate is usually required when:

The will involves immovable property in major cities like Mumbai, Chennai, or Kolkata

Someone challenges the will

The value of the estate is large

If a will exists and is valid, you may not need a succession certificate. But if there is no will or the will does not cover all assets, then applying for a succession certificate becomes necessary.

Unclaimed Insurance Claims and Succession Certificate

Many people forget to nominate someone for their insurance policies. In such cases, when the policyholder dies, the claim remains unclaimed. The insurance company will not release the money without legal proof of heirship.

Here’s where the succession certificate comes in handy. It acts as valid proof that the person applying for the claim has the legal right to receive it.

So, if your family member had a life insurance policy with no nominee or the nominee is also deceased, you must apply for a succession certificate to claim the amount.

Time and Cost Involved

Time: The entire process may take 3 to 6 months, depending on the complexity and objections (if any).

Court Fee: A nominal court fee or stamp duty is applicable, which varies from state to state. In some states, it is a percentage of the total asset value (usually 1% to 3%).

Conclusion

A succession certificate is a crucial legal document for claiming financial assets when someone dies without a clear nominee or will. Whether it’s for bank accounts, shares, or unclaimed insurance claims, this certificate ensures rightful transfer to legal heirs.

If you are going through this process, it’s always good to take legal advice or help from professionals who specialize in share recovery, succession cases, or inheritance matters.

[seemabhatnagar]

‘How the Lucknow High Court Upheld the Son’s Claim in a Joint Family Property Dispute: A Landmark Judgement for Inheritance Law’

Saurabh Gupta v. Smt. Archana Gupta & 2 others

FAFO 321/2023

Before Lucknow High Court

Heard by Hon’ble Mr. Justice Arun Kumar Singh Deshwal J

Order

The Court allowed the Injunction application of the appellant restraining respondents from transferring the property in dispute during the pendency of the Civil Suit before Civil Judge Hardoi.

The Court observed that the Court below, while passing the order has not applied his mind despite being a prima facie case, and in such a case protection is necessary against further transferring the property or changing the nature of same, if same is not protected, there are chances the property may be transferred or nature of property may be changed in that case even if the appellant's suit is decreed, then he will suffer irreparable loss and injury.

Background

Present appeal has been filed against the order passed by Civil Judge (S.D.), Hardoi on July25, 2023 in Civil Suit ‘Saurabh Gupta vs Smt. Archna Gupta and others’.

The temporary injunction application was filed by the appellant from restraining the respondent No.1 to transfer the same was rejected.

Facts:

Appellant-Sourabh Gupta filed a Civil Suit for a declaration that he is the co-sharer of 1/4th part of the property in dispute as the property belongs to joint family property because it was purchased by the father of the appellant in the name of his wife Smt Archana Gupta -the respondent no.1.

Respondent no.1 is the house maker and did not have any independent source of income.

The appellant's father purchased the property in dispute from Ram Ratan Gupta  on 20.10.86.

The appellant had made construction over that plot, and thereafter, the entire family has been running a business therein, and this complex is also known as R.C. Complex.

In the written statement, respondents have stated that the aforesaid property has been gifted by respondent no.1 to respondent no.2.

Submission of the Counsel of the Appellant

Respondent No.1-Archana Gupta is a homemaker and did not have any independent income, and his father purchased the property in dispute in the name of respondent no.1 (wife), therefore property belongs to the joint family property and not an individual property of the respondent.

Appellant and Respondent no.2, have been jointly running a business on the property.

In the gift deed, respondent no.1 admitted that she is homemaker.

Had she been a working woman she would not have mentioned herself as a homemaker.

Case for granting injunction has not considered by the Court below.

Being joint family property, the appellant is entitled to 1/4 share in the property in dispute, therefore his right should be protected by restraining the respondents from creating any 3rd party's right

Submission of the Counsel of the Respondents

The application u/order 39Rule 1 & 2 is not maintainable as no final relief was claimed in the plaint, which is in nature of permanent injunction.

Observation of the Court

The father of the appellant & husband of Respondent No.1 had purchased the property in the dispute.

There is nothing on record to show that respondent had any independent source of income.

Once a property is purchased by a Hindu husband in the name of his wife, who is homemaker, then the property will be deemed to be purchased by the husband himself from his source unless the contrary is proved.

An application under Order 39 Rule 1 and 2 read with Section 151 C.P.C. is maintainable for the protection of property, If the Court finds protection of the subject matter is necessary, and if protection is not granted, the same may result in irreparable loss to the complainant.

Prohibition of Benami Property Transactions Act, Section 29(b)(iii) prescribes that if the husband purchased the property in the name of his wife or children, then the same will not be said to be Benami property but will be deemed to be purchased by the husband out of his source.

Grant of a temporary injunction is governed by three basic principles, i.e. prima facie case, balance of convenience, and irreparable injury, which must be considered in a proper perspective in the facts and circumstances of the particular case. (Zenith Metaplast Pvt. Ltd. vs State of Maharastra and others; 2009 (10) SCC 388)

The appellant is claiming the declaration of only 1⁄4th share in the property in dispute on the ground that the property belongs to a joint Hindu family.

This Court under Section 114 of Indian Evidence Act may presume the existence of fact that the property purchased by Hindu husband in the name of his spouse, will be the property of family, because in common course of natural event Hindu husband purchases a property in the name of his wife, who is homemaker and does not have any source of income for the benefit of family.

The property is joint Hindu family property and protection of property from transferring to a third party is necessary.

Seema Bhatnagar

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Hindu and Muslim Law of Succession: Key Differences

Hindu Succession Law

In India, the inheritance and succession of property among Hindus (including Sikhs, Jains, and Buddhists) is governed by the Hindu Succession Law. Under the law, a Hindu man’s property is distributed among his immediate family members equally, including his wife, children, and grandchildren. In the absence of children, the property is shared by the wife, mother, and siblings. The history of Hindu Succession Law has witnessed several significant changes. Prior to 1956, Hindu women had limited rights to inherit property. In 2005, the law underwent substantial amendments to remove gender-based discrimination. The amendments granted daughters equal rights as sons in ancestral property and expanded the scope of inheritance for women. If a Hindu dies intestate (without a will), the property is divided as per the law.

Muslim Succession Law

In India, the principles of Islamic Shariah govern Muslim Succession Law. According to the law, a Muslim’s property is divided among his or her legal heirs. The heirs are classified into two categories: sharers and residuaries. Sharers are entitled to a fixed portion of the estate, which includes spouses, children, parents, and grandparents. Residuaries receive the remaining portion of the estate after the sharers have received their shares. The shares of the heirs are determined based on specific rules and proportions outlined in Shariah. The aim of the law is to ensure fair distribution of the deceased’s property among eligible heirs in accordance with Islamic principles.

Key Differences

Source of Law

Hindu Law: Hindu Law is a codified law where the inheritance and succession of property in the Hindu religion is dealt with under the provisions of the Hindu Succession Act, 1956. This Act is not applicable in the case of marriages performed under the provisions of the Special Marriage Act, 1954. The Hindu law of succession for property is primarily derived from ancient Hindu scriptures or religious texts including the Vedas, the Manusmriti, and the Dharmashastra. Along with this, customary practices, legislative enactments, and various judicial decisions also play a significant role in influencing the Hindu law of succession.

Muslim Law: It is not a codified law. In general, there are four main sources of the Muslim Law including the Quran, Sunna, Ijma, and Qiyas. The Muslim law of succession for property is derived from the Quran, the Hadith (sayings and actions of Prophet Muhammad), and the consensus of Islamic jurists. The Muslim law of succession is a component of the Muslim Personal Law, which encompasses various aspects of personal life for Muslims, including marriage, divorce, and inheritance.

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[serethereal]

Everyone is sooo scared of saying h*rry p*tter characters well i personally am no coward (<- literally hiding behind anon...) and i love u so so much which is why im giving u the cringiest line up anyway: remus sirius regulus

SCREAMINGJFJF NO FR also u coming here w a fake mustache and a big hat on is so funny ok so

fuck remus - it would maybe be fun. i think he’d say sirius name at the end and we’d both pretend he didn’t but he’d give me a cigarette and maybe loan me a fun ugly jumper to wear after.

marry sirius - well. he’s rich innit. i think we could come to an equally beneficial agreement bc let’s face it he’s too in love w the other loser to ever give real marriage w anyone else any proper consideration and it would go smthn like this:

s: “do u think the moon is beautiful tonight…”

me, sighing and massaging my head: “yes dear. now can you go pick our daughter up she’s been waiting at school for 4 hours. also i need three hundred thousand dollars.”

s: “yes dear :-))”

kill regulus - sorry princess muffin pie but i do not want to fuck u and i’d rather marry your brother bc he gets double the inheritance ahaha those darn #inheritancelaws… forgive me…

[sivaprasadbose]

Demystifying Probate A Simple Guide by Siva Prasad Bose

#probate #inheritancelaw #succession #willsandprobate #indianlaws

[alrowaadlaw01]

Inheritance Case Of A Widow Gets Dismissed By Dubai Court

Courts in Dubai reject the widow's claim to her late husband's inheritance. The signature on the will does not match the signature on the passport, according to experts. The husband had left behind more than 29 magnificent homes, including villas, flats, and land. You have 30 days to appeal the decision.

To know more, visit: https://www.alrowaad.ae/success-stories/dubai-courts-dismiss-case-of-widow-claiming-late-husbands-inheritance/

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🏡 Transfer of Assets Without a Will – What You Need to Know Struggling to transfer property or shares due to no will? A Letter of Administration is the key to unlocking those assets. Whether it’s real estate, fixed deposits, or mutual funds, this document legally empowers heirs to claim what’s rightfully theirs. Plus, it helps prevent conflicts and smoothens the entire process.

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For your peace of mind, have a free consultation with an expert probate lawyer

Take control of your family's destiny by contacting our knowledgeable probate lawyer for a free consultation. Make wise selections and smoothly navigate the intricacies of probate. Set up your complimentary appointment right now to receive individualised legal advice and guarantee a seamless estate settlement procedure.

[sivaprasadbose]

Demystifying Probate, a simple guide video

A simple guide video on demystifying probate #probate #inheritancelaw #succession #willsandprobate #indianlaws

[alrowaadlaw01]

Check out our success story about “Dubai Courts Dismiss Case Of Widow Claiming Late Husband’s Inheritance”. To know more about inheritance law, consult with the best lawyer in Dubai & Abu Dhabi, UAE from top international law firm. Contact us today on +97143254000.

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