Succession Certificate is needed for the heirs of a serving or retired employee, who deceased. If the head of a family dead then the next direct legal heir of deceased can apply for Succession Certificate. This can be for the purposes of House Tax , transfer of Electricity connection, Patta transfer /Telephone connection, Bank Account Transfer, Filing of IT Returns, etc. If the deceased person is a government servant then the certificate is issued for sanction of pension or for receiving an appointment on the concerned level. Succession certificate is issued by court whereas Legal Heir certificate is issued by Tahsildar of the district.
In case if the death of a person is without a valid will for the transactions of banks and financial institutions, court litigation etc. a Legal heir Certificate is not valid. Succession Certificate is issued by a civil court on the necessary application in such cases. If a person is nominated in advance then Succession Certificate is not required after the death of the person in bank cases. So it is advisable to nominate someone as a precaution.
A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.
Required Documents to obtain succession certificates are death certificate of a dead person, time and place of death, the name of all legal heirs and relation with the dead person. For succession certificate, three percentage or more or less % of total value of the property will be charged. In the case of succession certificate a newspaper notice for 45 days is issued by the court. Any person having a problem with it can file oppositions. If the court doesn’t receive any objection, it will issue succession certificate. The succession certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of deceased. Lawyers in India can help you to get Succession Certificate easily.
Certain Rules of Succession for males and females are mentioned in the Succession Act of 1956.
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
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