Succession certificate to TRANSFER PROPERTY

A succession certificate is needed to transfer property in case the deceased does not leave behind a will. TEAM TIMES PROPERTY writes

    Asuccession certificate is an order granted by an authority or court to the successors of the estate of a deceased person on the basis of an application made by them in the capacity of legal heirs, or otherwise entitled to succeed to the estate of the deceased person under certain circumstances. 
    If a person passes away without leaving a will, a succession certificate can be granted by a court to realize the assets, securities and debts of the deceased. 
    It is issued according to the laws applicable in the case of inheritance. 
    A succession certificate is issued to the legal heirs of a deceased person. The certificate establishes the authenticity of the heirs. It also gives them the authority to inherit the property of the deceased person and is issued by a civil court. It is required by the legal heirs to have the securities and other assets transferred to their names. The beneficiary needs to file a petition with the district court or high court where the properties of the deceased are situated or where he normally resided. 
The petition should give details of the case, including: Full name of the deceased Details of time, date and place of death 
    Details like the name and relationship of the petitioner 
    Place of residence of the deceased 
    Details of the family and other kith and kin of the deceased, and their residential addresses 
    Names of all the heirs of the deceased 
    Details of property and debts of the deceased 
    The person applying for a succession certificate has to provide proof of his rights, or establish in what capacity he should be nominated as the successor of the deceased person. The petition should be filed along with a copy of the death certificate. 
    On the basis of the application, the court will issue a notice in the newspapers for a given period. Usually, 45 days are allowed for anybody to represent against the grant of the certificate. 
    In case no one contests the petition on the expiry of this period, the court will pass an order for issuance of the succession certificate. A fee is levied by the court for the certificate in the form of judicial stamp paper. The whole process may take between three and six months. 
    A succession certificate gives authority to the person who obtains it to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. The grant of a succession certificate is conclusive against the debtor. 
    One can then apply for transfer of property, bank accounts or securities registered in the name of the deceased on the basis of the certificate.

source:- http://epaper.timesofindia.com