What is the procedure for obtaining a succession certificate in Indore?
What is the procedure for obtaining a succession certificate in Indore?
The procedure for obtaining a succession certificate in Indore is as follows:
- Prepare the required documents:
- Death certificate of the deceased person
- List of the deceased person’s movable assets, such as bank accounts, shares, and securities
- List of the deceased person’s legal heirs and their relationship to the deceased person
- Affidavit from the applicant stating that the deceased person died without leaving a will and that the applicant is entitled to the deceased person’s movable assets
- Court fee stamp of the appropriate value
- Draft a petition for a succession certificate: The petition must be in the prescribed form and must be accompanied by the required documents. You can download the prescribed form from the website of the District Court of Indore.
- File the petition with the District Court of Indore: You can file the petition at the court counter or online through the eCourt portal.
- Pay the court fees: You can pay the court fees at the court counter or online through the eCourt portal.
- Serve the petition on all the interested parties: This includes the other legal heirs of the deceased person and any other person who may have a claim against the deceased person’s estate. You can serve the petition through registered post or through a court bailiff.
- Attend the hearing on the petition: The court will hold a hearing to determine whether you are entitled to the succession certificate. If you are unable to attend the hearing, you can authorize a lawyer to represent you on your behalf.
- If the court is satisfied that you are entitled to the succession certificate, the court will grant the certificate to you. You can collect the succession certificate from the court counter.
Here are some additional tips for obtaining a succession certificate in Indore:
- Make sure that all of the required documents are complete and accurate.
- File the petition as soon as possible after the deceased person’s death.
- Serve the petition on all of the deceased person’s legal heirs promptly.
- Attend the hearing on the petition, even if you have hired a lawyer to represent you.
- If you have any questions or need assistance with the application process, you should consult with a lawyer.
Obtaining a succession certificate in Indore, is a legal process that allows the legal heirs to claim the assets and liabilities of a deceased person. It’s governed by the Indian Succession Act, 1925. Here’s a detailed guide on the procedure for obtaining a succession certificate in Indore:
1. Jurisdiction: The first step is to determine the appropriate jurisdiction. In Indore, the District Court typically has jurisdiction over succession matters.
2. Application: Prepare an application for a succession certificate. This application should include the following details:
- The name and relationship of the applicant to the deceased.
- Details of the deceased person, including their date of death and residence.
- A list of assets and liabilities that form part of the deceased’s estate.
- Names of other legal heirs.
- Reason for seeking the succession certificate.
3. Legal Representation: It’s advisable to hire a lawyer to assist you in the process. They will help you with the legal formalities and represent you in court.
4. Affidavit: Prepare an affidavit stating the facts and circumstances of the case. This should be signed by the applicant and notarized.
5. Supporting Documents: Gather all relevant documents such as the death certificate of the deceased, proof of the deceased’s residence, and any other documents related to the assets and liabilities.
6. Publication and Notice: The court will require you to publish a notice in a local newspaper and send notices to legal heirs. This is to allow any objections to the application.
7. Court Fees: Pay the necessary court fees, which are based on the value of the estate.
8. Hearing: The court will schedule a hearing, where both parties can present their case. If there are no objections, the court may grant the succession certificate.
9. Succession Certificate Issuance: If the court is satisfied, it will issue the succession certificate. This certificate is proof of your legal right to the deceased’s assets and liabilities.
10. Use of the Succession Certificate: With the succession certificate, you can access and transfer the assets and liabilities of the deceased, such as bank accounts, property, and investments.
It’s essential to note that the process may vary slightly depending on the specific circumstances and local rules. Seeking legal advice and representation is highly recommended to ensure a smooth and legally sound procedure for obtaining a succession certificate in Indore.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
