Succession certitifcate
Arihant Kapoor
(Querist) 09 July 2013
This query is : Resolved
Hi, I need to understand that if 5 siblings apply for a succession certificiate, is it correct that the court will give the succession certificate in the name of one suceessor only.If not, then will each successor get a copy of the succesion certificte form the court?
Also, pls. advise if 3 out of 5 siblings apply for the succession certificate and the other two refuse to cooperate, what will be course of action taken byu the court for issung the succession certificate to 3 applicants.
Advocate M.Bhadra
(Expert) 09 July 2013
After application for granting succession certificate in the court if there is any objection raise by the others successors then court may not grant or may grant in favour of all succesor by equal share.
succession certificate, strictly speaking, does not effect adjudication of title of the deceased far less than that of the holder as regards the debts and securities covered thereunder. Yet, simply to afford protection to the parties paying the debts. The grant of succession certificate is conclusive against the debtor. A succession certificate is effect throughout the whole India as per section 380 of The Indian Succession Act,1925 But, despite the succession certificate is only conclusive of the representative title of the holder thereof as against the debtors, a suit of declaration will not lie that the holder of the certificate is not the legal representative of the deceased.
) An application should be made to The District Judge under section 372 of the Act;
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.
R.K Nanda
(Expert) 09 July 2013
nothing to add.
Raj Kumar Makkad
(Expert) 10 July 2013
Every sibling can be granted with the succession certificate as per understanding of those among themselves. If 2 siblings do not appear before the court depsite of notice then those shall be proceeded with ex-parte.
