Succession Certificate Advocate in Chennai - 9840802218

Succession:

The ordinary meaning of the word “Succession” is a transmission by law or by Will of a man to one or more persons of the property and the transmissible rights and obligations of a deceased person.

The law of succession on death is the law governing the transmission of property vested in a person at his death to some other person or persons.

Succession certificate is a document whereby a person is appointed as administrator on the estate of deceased person. Succession certificates determine the receipt of debts and their interests. It also instructs for the distribution of estate among legal heirs keeping in view of laws relating to succession.

Object of succession certificate:

Its object is to facilitate collection of debts by the person who has prima facie clear title to succession and has beneficial interest in debts. This right is decided in summary manner.

Jurisdiction of Court:

Question of Jurisdiction is essentially linked up with residence of deceased. Question cannot be decided without recording evidence. There are two cases, which determine the Jurisdiction of Court for grant of succession certificate, i. e., residence of deceased or property of deceased.

1.      Residence of deceased: District Judge of the area where deceased was ordinarily resided at the time of death is the area which comes under jurisdiction of District Judge for the purpose of grant of succession certificate.

2.      Property of deceased: If deceased had not fixed residence at the time of death than situation of his property shall determine the jurisdiction of Court.

Who can obtain succession certificate:

Person prima facie having best right to certificate can obtain it. Law does not afford lengthy process of settlement regarding relationship with deceased, which can only be settled by a suit.

Application for certificate: Following is the criteria to put application for the grant of succession certificate:

1.       Office:

Office of the District Judge is the place where application is forwarded for such purpose.

2.       Who may apply:

Any person of sound mind and not a minor can apply for certificate, provided he has interest in the estate of the deceased.

3.       How apply:

Application in term of petition signed and verified by or on behalf of the applicant in the manner prescribed by Civil Procedure Code (CPC) can be filed in Court.

4.       Particulars of application: 

Application must state following facts:

1.      Time of death: Application must state time of death of the deceased person. It may include death certificate issued by competent doctor.

2.      Extent of residence: Application may include the ordinarily residence of the deceased person at the time of death. In case residence was not within local limit of the jurisdiction of the concerned court then situtation of property of the deceased person within those limit shall be considered.

3.      Family information: Names of family members, other relatives, and their respective residences should be stated in application.

4.      Right: Right of the petitioner, which he claims.

5.      Absence of impediment: If there is not any prohibited degrees in the distribution of estate/legacy, it must also include in application.

6.      Receivables: If there are any debts and securities for which certificate is applied, must be stated in an application.

Article by Mr.K.P.Satish Kumar the top advocate for money claims in Chennai
Free Consultation in phone with the Top Civil Lawyer in Chennai Form Team Daniel & Daniel @ 98400802218.

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