succession certificate
Querist :
Anonymous
(Querist) 27 June 2011
This query is : Resolved
can we obtain succession certificate in case of immovable property
If not than in case of immovable property where a person is died intestate than what is the procedure to bring on record his legal heirs
Please guide me
prabhakar singh
(Expert) 27 June 2011
PART X
SUCCESSION CERTIFICATES
370. Restriction on grant of certificates under this Part.-(1) A
succession certificate (hereinafter in this Part referred to as a
certificate) shall not be granted under this Part with respect
to any debt or security to which a right is required by section 212 or
section 213 to be established by letters of administration or probate:
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
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Provided that nothing contained in this section shall be deemed
to prevent the grant of a certificate to any person claiming to be
entitled to the effects of a deceased Indian Christian, or to any part
thereof, with respect to any debt or security, by reason that a right
thereto can be established by letters of administration under this
Act.
(2) For the purposes of this Part, "security" means--
(a) any promissory note, debenture, stock or other security
of the Central Government or of a State Government;
(b) any bond, debenture, or annuity charged by Act of
Parliament 1*[of the United Kingdom] on the revenues of
India;
(c) any stock or debenture of, or share in, a company or
other incorporated institution;
(d) any debenture or other security for money issued by, or
on behalf of, a local authority;
(e) any other security which the 2*[State Government] may,
by notification in the Official Gazette, declare to be Collected by the All India Christian Council, www.christiancouncil.in Page 109 of 123
a security for the purposes of this Part.
371. Court having jurisdiction to grant certificate.-The District
Judge within whose jurisdiction the deceased ordinarily resided at the
time of his death, or, if at that time had no fixed place of
residence, the District Judge, within whose jurisdiction any part of
the property of the deceased may be found, may grant a certificate
under this Part.
372. Application for certificate.-(1) Application for such a
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 Code of Civil Procedure, 1908, (5 of 1908.) for the signing and
verification of a plaint by or on behalf of a plaintiff, and setting
forth the following particulars, namely:--
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of
his death and, if such residence was not within the
local limits of the jurisdiction of the Judge to whom the
application is made, then the property of the deceased
within those limits;
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1 Ins. by the A. O. 1950.
2 The words "G.-G.-in-C." have been successively amended by the A.
O. 1937 and the A. O. 1950 to read as above.
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(c) the family or other near relatives of the deceased and
their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under
any other provision of this Act or any other enactment,
to the grant of the certificate or to the validity
thereof if it were granted; and
(f) the debts and securities in respect of which the
certificate is applied for.
(2) If the petition contains any averment which the person
verifying it knows or believes to be false, or does not believe to be
true, that person shall be deemed to have committed an offence under
section 198 of the Indian Penal Code. (45 of 1860.)
1*[(3) Application for such a certificate may be made in respect
of any debt or debts due to the deceased creditor or in respect of
portions thereof.]
373. Procedure on application.-(1) If the District Judge is
satisfied that there is ground for entertaining the application, he
shall fix a day for the hearing thereof and cause notice of the
application and of the day fixed for the hearing--
(a) to be served on any person to whom, in the opinion of Collected by the All India Christian Council, www.christiancouncil.in Page 110 of 123
the Judge, special notice of the application should be
given, and
(b) to be posted on some conspicuous part of the court-house
and published in such other manner, if any, as the
Judge, subject to any rules made by the High Court in
this behalf, thinks fit,
and upon the day fixed, or as soon thereafter as may be practicable,
shall proceed to decide in a summary manner the right to the
certificate.
(2) When the Judge decides the right thereto to belong to the
applicant, the Judge shall make an order for the grant of the
certificate to him.
(3) If the Judge cannot decide the right to the certificate
without determining questions of law or fact which seem to be too
intricate and difficult for determination in a summary proceeding, he may
nevertheless grant a certificate to the applicant if he appears to be
the person having prima facie the best title thereto.
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1 Added by Act 14 of 1928, s. 2.
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(4) When there are more applicants than one for a certificate,
and it appears to the Judge that more than one of such applicants are
interested in the estate of the deceased, the Judge may, in deciding
to whom the certificate is to be granted, have regard to the extent of
interest and the fitness in other respects of the applicants.
374. Contents of certificate.-When the District Judge grants a
certificate, he shall therein 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, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to
negotiate or transfer,
the securities or any of them.
375. Requisition of security from grantee of certificate.-(1) The
District Judge shall in any case in which he proposes to proceed under
sub-section (3) or sub-section (4) of section 373, and may, in any
other case, require, as a condition precedent to the granting of a
certificate, that the person to whom he proposes to make the grant
shall give to the Judge a bond with one or more surety or sureties, or
other sufficient security, for rendering an account of debts and
securities received by him and for indemnity of persons who may be
entitled to the whole or any part of those debts and securities.
(2) The Judge may, on application made by petition and on cause
shown to his satisfaction, and upon such terms as to security, or
providing that the money received be paid into Court, or otherwise, as Collected by the All India Christian Council, www.christiancouncil.in Page 111 of 123
he thinks fit, assign the bond or other security to some proper
person, and that person shall thereupon be entitled to sue thereon in
his own name as if it had been originally given to him instead of to
the Judge of the Court, and to recover, as trustee for all persons
interested, such amount as may be recoverable thereunder.
376. Extension of certificate.-(1) A District Judge may, on the
application of the holder of a certificate under this Part, extend the
certificate to any debt or security not originally specified therein, and every such extension
shall have the same effect as if the debt or security to which the
certificate is extended had been originally specified therein.
(2) Upon the extension of a certificate, powers with respect to
the receiving of interest or dividends on, or the negotiation or
transfer of, any security to which the certificate has been extended
may be conferred, and a bond or further bond or other security for the
purposes mentioned in section 375 may be required, in the same manner
as upon the original grant of a certificate.
377. Forms of certificate and extended certificate.-Certificates
shall be granted and extensions of certificates shall be made, as
nearly as circumstances admit, in the forms set forth in Schedule
VIII.
378. Amendment of certificate in respect of powers as to
securities.-Where a District Judge has not conferred on the holder of
a certificate any power with respect to a security specified in the
certificate, or has only empowered him to receive interest or
dividends on, or to negotiate or transfer, the security, the Judge
may, on application made by petition and on cause shown to his
satisfaction, amend the certificate by conferring any of the powers
mentioned in section 374 or by substituting any one for any other of
those powers.
379. Mode of collecting Court-fees on certificates.-(1) Every
application for a certificate or for the extension of a certificate
shall be accompanied by a deposit of a sum equal to the fee payable
under the Court-fees Act, 1870, (7 of 1870.) in respect of the
certificate or extension applied for.
(2) If the application is allowed, the sum deposited by the
applicant shall be expended, under the direction of the Judge, in the
purchase of the stamp to be used for denoting the fee payable as
aforesaid.
(3) Any sum received under sub-section (1) and not expended under
sub-section (2) shall be refunded to the person who deposited it.
380. Local extent of certificate.-A certificate under this Part
shall have effect throughout 1*[India] 2*.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States". Collected by the All India Christian Council, www.christiancouncil.in Page 112 of 123
2 The words "of India" omitted by the A. O. 1950.
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1*[This section shall apply in 2*[India] 3* after the separation
of Burma and Aden from India to certificates granted in Burma and Aden
before the date of the separation, or after that date in proceedings
which were pending at that date.]
4*[It shall also apply in 2*[India] 5* 6* after the separation of
Pakistan from India to certificates granted before the date of the
separation, or after that date in proceedings pending at that date in
any of the territories which on that date constituted Pakistan.]
381. Effect of certificate.-Subject to the provisions of this
Part, the certificate of the District Judge shall, with respect to the
debts and securities specified therein, be conclusive as against the
persons owing such debts or liable on such securities, and shall,
notwithstanding any contravention of section 370, or other defect,
afford full indemnity to all such persons as regards all payments
made, or dealings had, in good faith in respect of such debts or
securities to or with the person to whom the certificate was granted.
Effect of certificate granted or extended by Indian representative in
foreign State and in certain other cases.
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A V Vishal
(Expert) 27 June 2011
No succession certificate is required in case of inheritance of immovable property. To mutate the revenue records, Legal heir certificate is to be obtained from the concerned revenue authorities. Succession certificate is required only in case of transfer of shares, securities and money deposits of deceased person.
Ravikant Soni
(Expert) 27 June 2011
only in case of debt or security.
