Succession certificate is a legal document that is issued in Telangana by a District judge that certifies the rightful heirs of a deceased person and authorises them to claim and manage the deceased’s movable assets. The Indian Succession Act, 1925 defines a succession certificate as a court-issued document that establishes the legitimacy of the legal heirs of a deceased person. It grants these heirs the authority to inherit debts, securities, and other assets of the deceased. The certificate specifically pertains to debts and securities such as provident funds, insurance policies, bank deposits, shares, and other government securities to which the deceased was entitled. Its primary purpose is to aid in the collection of these debts and to protect those who pay these debts to the deceased's representatives.
Significance of a Succession Certificate:
Legitimacy of Heirs: The succession certificate establishes the legitimacy of the heirs, confirming their right to inherit the deceased's movable assets.
Authority to Claim Assets: It grants the heirs the authority to manage and transfer the assets into their names.
Requirement by Financial Institutions: Banks and financial institutions often require a succession certificate before releasing funds or transferring assets to the heirs, ensuring that they are dealing with the rightful claimants.
Responsibility and Liability: The beneficiary who obtains the succession certificate assumes the responsibility and liability for any debts or securities associated with the assets.
Process for Obtaining a Succession Certificate in Telangana: Under Section 372 in The Indian Succession Act, 1925, Application for Certificate Application for succession certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the C.P.C for the signing and verification of a plaint by or on behalf of a plaintiff. Following are the particulars for the application of succession certificate. 1) Date of death of deceased (ii) Place of residence of deceased (iii) Family of Deceased and their respective residences. (iv) Right of Petitioner - The application must show some title or interest in the debt or security, in respect of which they has applied for the certificate. If two or more persons apply, the court must decide who has the preferential claim. (v) Absence of any impediment (vi) Debts or security in respect of which the certificate is applied for Steps for Applying of Succession Certificate in Telangana: i) An application should be made to The District Judge under section 372. ii) The petitioner must sign and verify the petition; iii) The residences of the relatives and family of the deceased must be mentioned; iv) In case of The Hindu Succession Act (Act XXX OF 1956), the names of the heirs must be mentioned in the petition; v) The right of the petitioner should be mentioned; vi) Either Ordinary residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned; vii) The debts and securities as to which the succession certificate is applied for should be mentioned; viii) The absence of any impediment u/sec. Sub section (1) of Section 370 of the Act or any other provisions of the Act or any other enactments to the grant of succession certificate or to the validity of it in case of it was granted, must be mentioned
When the District Judge grants a succession certificate, he shall specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted (a) to receive interest or dividends on the securities; (b) to negotiate or transfer the securities; (c) both to receive interest or dividends or negotiate or transfer the securities. Required Details for the Petition of Succession Certificate in Telangana:
Name of the deceased
Details of family members
Date of application
Residential address
Applicant’s signature
Who are Eligible to apply for Succession Certificate in Telangana:
Wife of the deceased
Son or daughter of the deceased
Father or mother of the deceased
Sibling of the deceased
Required Documents for application of Succession Certificate in Telangana:
Death Certificate
Birth Certificate
Aadhar Card
Identity Card
Ration Card
Appropriate application form
Residential address of the deceased person
Rs. 2 Stamp
Procedure for Transfer of Immovable Property:
For immovable properties, such as land, buildings, and other real estate, different legal processes are involved. The transfer of immovable property typically involves the following procedures:
1. Probate of a Will: If the deceased left a valid will, the executor named in the will can apply for probate. Probate is a judicial process that validates the will and grants the executor authority to distribute the deceased’s estate according to the will’s terms.
2. Letters of Administration: When the deceased did not leave a will (intestate), or if no executor is appointed in the will, the court may grant letters of administration to a suitable person. This document authorizes the administrator to manage and distribute the estate, including immovable property, according to intestate succession laws.
3. Legal Heir Certificate: A legal heir certificate, issued by local revenue authorities, confirms the legal heirs of the deceased and can be used for various purposes, including the transfer of immovable property. This certificate is useful for administrative processes and establishing the right to inherit the property.
4. Partition Deed: In cases where the estate is divided among multiple heirs, a partition deed formalises the division of the property. Once registered, this deed legally recognises each heir’s share of the property.
5. Mutation of Property Records: The heirs must update the property records with local municipal or revenue authorities, a process known as mutation. This step is crucial for ensuring that property records reflect the new ownership and for legal recognition of the heirs as property owners.
6. Court Decree: In cases of disputes among heirs or claimants, a court decree may be issued to determine the rights of the parties. This decree can then be used to update property records and effectuate the transfer of ownership.
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