Succession Certificate
A succession certificate is a legal document issued by a court in India to the legal heirs of a deceased person. It authorizes the certificate holder to inherit the debts, securities, and other assets of the deceased. The purpose of the succession certificate is to facilitate the collection and transfer of debts and securities to the rightful heirs, ensuring a smooth transition of the deceased person’s estate.
Services Provided:
1. Consultation and Documentation:
- Initial Consultation: Legal professionals provide advice on the necessity and process of obtaining a succession certificate
- Document Preparation: Assistance in preparing and organizing the necessary documents, including the death certificate of the deceased, proof of relationship, and other relevant documents.
2. Filing the Petition:
- Drafting the Petition: Preparation of the petition for a succession certificate to be filed in the appropriate court.
- Submission: Filing the petition with the jurisdictional civil court where the deceased resided.
3. Court Proceedings:
- Representation: Legal representation in court hearings
- Publication of Notice: Ensuring that a notice of the petition is published in a local newspaper, as required by law, to inform potential claimants or objectors.
- Handling Objections: Managing and addressing any objections raised by other heirs or claimants
4. Issuance of Certificate:
- Court Orders:Assisting in obtaining the court order for the issuance of the succession certificate.
- Certificate Collection: Collecting the issued succession certificate from the court on behalf of the heirs.
5. Asset Transfer:
- Bank and Financial Institutions: Coordinating with banks and financial institutions to transfer bank accounts, fixed deposits, shares, bonds, and other securities in the name of the legal heirs
- Debt Settlement: Facilitating the settlement of any debts owed to or by the deceased.
6. Legal Compliance:
- Tax Implications: Advising on the tax implications of inheriting assets and ensuring compliance with tax laws.
- Estate Planning: Providing guidance on estate planning to avoid future legal complications.
7. Dispute Resolution:
- Mediation and Arbitration: Offering mediation and arbitration services to resolve disputes among heirs amicably.
- Litigation Support: Representing heirs in litigation if disputes escalate to court cases.
8. Additional Services:
- Mutation of Property: Assistance with the mutation of property records in the name of the legal heirs.
- Updating Records: Updating various legal records and documents to reflect the new ownership.