Project on

Succession certificate

Submitted to

Raksha Awasthi

Awasthi and associates

submitted by

Bhavana khatwani

Semester- 2nd

Hidaytullah National Law University

Contents-

1. What is succession certificate-

2. When it is issued-
3. Use of succession certificate-
4. Procedure-
a. Explaination of procedure-
o Step 1- Application
o Step 2
o Step 3- notice
o Step 4- If more than one petitioner
b. Documents which should be submitted

5. When succession certificate is not granted?

6. What does the succession certificate do-
7. When succession certificate is not granted
8. What is the court fees of succession certificate
9. When certificate is received
10. Other judgements
11. Case law-
a. Case law no. 1
b. Case law no. 2
c. Case law no. 3
12. Cases in high court of Chhattisgarh-
a. Pushpa Bai And Ors. Vs Aasbati Laleshwar Naag And Anr
b. Smt. Mithila Dubey And Ors. Vs Smt.Shanti Bai And Anr.
c. Chhotu Dewangan And Anr. vs Smt. Urmilabai And Ors. on 17 November,
2006
13. Format of succession certificate
14. Format of extension certificate

Succession certificate
1. What is succession certificate- Succession Certificate is a document issued by an
authority or a civil court confirming a right person as a legal heir of the deceased person.
2. When it is issued- If a person dies without leaving a will, a succession certificate can be
granted by the court to realise the debts and securities of the deceased. It establishes the
authenticity of the heirs and gives them the authority to have securities and other assets
transferred in their names as well as inherit debts. It is issued as per the applicable laws of
inheritance on an application made by a beneficiary to a court of competent jurisdiction.
3. Use of succession certificate- To establish relationship for claims relating to Insurance,
pension, retirement benefits or service benefits of central and state government
departments, Government undertakings etc. In legal succession cases to get succession
certificate to establish the relationship To get employments for example compassionate
appointments.
4. Procedure-
procedure is described in section 370 and 373 of indian succession act which is as
follows-
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;
(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.

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 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.
(4) When there are more applicants than onefor 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.

a. Explaination of procedure-
Step 1-

Application-

a. To obtain a Succession Certificate a person has to make an application which is duly

signed and verified in the district court within whose jurisdiction the asset is located. A
duly signed and verified application must be made to the civil court of competent
jurisdiction.
b. In the petition, details like petitioners name, name of legal heirs of deceased, relationship
of the petitioner with deceased, right of petitioner, residences of relatives and family of
 deceased and details of death along with the death certificate debts and securities for
which the succession certificate has to be obtained have to be mentioned.

Particulars in application-

a petitioners name
b name of legal heirs of deceased,
c relationship of the petitioner with deceased,
d right of petitioner
e the time of the death of the deceased
f 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;
g the family or other near relatives of the deceased and their respective residences;
h the right in which the petitioner claims;
i 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
j the debts and securities in respect of which the certificate is applied for

Step 2
If district court is satisfied with the application. It will allot a day for hearing for the issue
Step 3-
Notice-
The court, after examining the petition, issues a notice to all those concerned. It also
issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months)
within which anyone who has objections may raise them. If no one contests the notice
and the court is satisfied, it passes an order to issue a succession certificate to the
petitioner

Step 4
If more than one petitioner-
If there is more than one petitioner, then the court may jointly grant them a certificate but
it will not grant more than one certificate for a single asset. For this one has to then
 submit Judicial Stamp papers of sufficient amount in the court, whereafter the Certificate
is typed by the court staff, duly signed and sealed and delivered.

b. Documents which should be submitted :-

Death certificate

Identity Card

Ration card

Prescribed application form

5. What does the succession certificate do-

Once you have the certificate, you are authenticated to distribute the assets to the legal heirs as
per the succession laws. Most people think that if the succession certificate is obtained then the
person is the rightful owner of the deceased persons properties, which is not true. A succession
certificate allows the person to act exactly similar to how a nominee would act. It gives the
authority to the holder for distributing the deceased persons assets. The effect of certificate is
defined under 370.

6. When succession certificate is not granted?

1 under section 370 (1) of the Act, as to any debt or security to which a right is required to
be established by probate or letters of administration Section 370 deals with these which
says; 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
2 that is to say that where law requires probates or letters of administration as mandatory to
establish right to property as in the cases of Parsis, Jews, East Indians, Europeans and
Americans.
3 Provided that nothing will prevent as to granting a succession certificate to any person
entitle to the effects of a deceased Indian Christian or any part thereto pertaining to any
debt or security, that the right can be established by letters of administration.

7. What is the court fees of succession certificate

The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate

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
Court fees can vary in different states.

8. When certificate is received

It roughly takes around 6 8 months from the date of filing to receive a Succession Certificate

9. Validity of succession certificate- the succession certificate is valid all over India. If a
certificate is granted in a foreign country by indian representation accredited to that state,
it should be stamped according to court fees act 1870 to have same effect as in India as
certificate granted in India
10. Judgements-
In the case of Srinivasa vs Gopalan, , it was held that '' The question whether the debt belonged
to the deceased is not a matter to be decided on an application for a succession Certificate.''

In the case of Paramananda Chary vs Veerappan, AIR 1928 Madras 213: 82 IC 604, it was held
that ''The grant of succession certificate is conclusive against the debtor. Even if another person
turns out to be the heir of the deceased, it does not follow that the certificate is invalid.''

In the case of Ganga Prasad vs Saudan , it was observed that section 381 of the Act protects the
debtors and affords full indemnity to the persons liable to pay the debts and in respect of the
securities covered by the certificate as persons having the same paid in ''good faith''.

11. Case law-

a Case law no. 1
Smt. Savitri Devi vs Smt. Manorama Bai And Ors. on 28 April, 1997 Madhya
Pradesh high court
Facts- appellant Savitri Devi was legally wedded wife of Bhagwan Singh
Rai. This marriage had taken place in June, 1963. He remarried
respondent No. 1 Manorama Bai on 6-11-1976. Respondent Nos. 2 to 4
are his children through Manorama Bai. He was employed in Railways
as A.C.T. I. He died on 21-1-1993. On his death Manorama Bai and her
three children applied for succession certificate. Savitri Devi also
applied for succession certificate at Tikamgarh. Her application was
transferred to Jabalpur and it was registered as Case No. 1/96. These
two cases were consolidated. After recording the evidence these cases
were disposed of by the common order. It was held that there had been
divorce according to the caste custom between Savitri Devi and
Bhagwan Singh Rai before he married Manorama Bai. Therefore, the
succession certificate was granted in favour, of Manorama Bai and her
three children. The claim of Savitri Devi was rejected. Appeal went to
high court of Madhya Pradesh.
Issue- to whom succession certificate should be granted
 Judgement- the appeal is partly allowed. The succession certificate be issued in
favour of Savitri Devi, Anup Rai, Vivek Rai and Ku. Bhawna. Smt. Monarama
Bai is not entitled to the succession certificate. The share of Savitri Devi in the
amount of Rs. l,70,528/-.
b Case law no. 2
S. Rajyalakshmi vs S. Sitamahalakshmi on 1 April, 1976 Andhra high court

Facts- The respondent filed case before the Chief Judge, City Civil Court
Hyderabad, for partition of the suit schedule properties. A preliminary decree was
passed on 31-7-1973 and costs were awarded to the plaintiff against the lst
defendant. On 5-3-1974 the sole plaintiff died and his legal representatives were
brought on record on 2-9-1974. Thereafter, case was filed on 9-3-1975. The
judgment-debtor filed a counter-affidavit in case stating therein that the decree-
holder died in 1974 after passing of the preliminary decree. The legal
representative, i.e. the present petitioner cannot execute the decree unless he
obtains a probate or succession certificate from a competent Court. Therefore, the
execution petition is not sustainable and is liable to be dismissed in limine. He
also pleaded payment of some amounts with which we are not now concerned.

Issue- whether for a decree succession certificate is needed or not?

Judgement- If case were to be a debt for which a decree is passed, a succession
certificate was necessary to be obtained and produced. In this case the execution
petition is filed to recover the costs awarded under the decree. Therefore, the point
raised has no substance and is not relevant for the purpose of this appeal. so there
is no reason to interfere with the order of the lower Court. In view of the fact that
no succession certificate is necessary to be obtained to execute the decree for
costs, this appeal is dismissed.
c Case law no. 3
Bharti Parihar & Anr. vs . State on 13 February, 2013
succession certificate can be granted only on debt and securities
Facts- petitioner has filed this petition for seeking succession certificate in respect
of vehicles i.e. Maruti Ritz car bearing registration no.DL2CAL 6385 and motor
bike bearing registration no.DL6SV 8989

Section applied- Section 370 (I) and section 370(2)

 Issue- whether succession certrificate can be granted for maruti car and motor
bike.

Judgement- succession certificate cannot be granted for the vehicles i.e. Maruti
Ritz car bearing registration no.DL2CAL 6385 and for motor bike bearing
registration no.DL6SV 8989 as prayed by the petitioners. Accordingly,
PETITION NO.:SC62/2012 Page4/5 BHARTI PARIHAR & ANR. vs. STATE
petition is hereby dismissed.

12. Cases in high court of Chhattisgarh-

Who is entitled to succession certificate

Pushpa Bai And Ors. Vs Aasbati Laleshwar Naag And Anr

Facts- admittedly, Laleshwar Naag appointed as Assistant Teacher in Higher Secondary School,
Village Parsoda, Tahsil Charama died intestate at Raipur on 28-3-2004. Non-Applicant No. 1,
Aasbati is his legally married wife. Laleshwar Naag had nominated his mother Smt. Prem Bai,
applicant No. 2 for receiving the amount of General Provident Fund and Group Insurance
Scheme. Laleshwar Naag had married applicant No. 1, Pushpa Bai during the subsistence of his
marriage with non-applicant No. 1, Aasbati. Applicants No. 3, 4 and 5 are the minor children of
Laleshwar Naag through Smt. Pushpa Bai.

Issue- whether the aasbhati and her children entitled to succession certificate

Order- it was ordered that besides the non-applicant No. 1, Aasbati the applicant No. 2, Smt.
Prem Bai and applicants No. 3, 4 and 5, i.e. Revatiram, Rishi Param Naag and Poornima
respectively are also entitled to 1/5th share each in the death benefits of the deceased, i.e. the
amount of General Provident Fund, Group Insurance Scheme, Pension, D.C.R.G. and Leave
Encashment. The children share will be kept in nationalized bank until they are major.

Smt. Mithila Dubey And Ors. Vs Smt.Shanti Bai And Anr.

Facts- deceased Premraj Rajeshwar Dubey was working as a peon in Chhattisgarh State
Electricity Board, Korba (West). He had nominated the applicants i.e. his wife and children as
nominees in the service record. On his death on 7-4-2004, the department asked for a succession
certificate from the applicants herein who filed an application under Section 372 of the Indian
Succession Act before Civil Judge, Class-1, in District court Korba . The non-applicants herein
resisted the application on the ground that non-applicant-Shanti Bai was wife of the deceased
Premraj The learned Civil Judge, held that the applicant Mithila Dubey was the legally married
wife of the deceased and the applicants No. 2 to 4 were children of the deceased. It was held that
the non-applicant No. 1 Shanti Bai was not the legally married wife of the deceased and the non-
applicant No. 2 Vinod was not the son of the deceased. the applicant-Mithila Dubey had admitted
in cross-examination that she had lived with her husband Premraj only for a period of five years
after her marriage and thereafter, she was living separately in her maternal home since about 11
years with her children and had no relationship with her husband during this period. On these
premises, the learned Civil Judge, Class-I, Katghora ordered issuance of succession certificate in
favour of the non-applicants for receiving the amount of Rs. 2,10,023/- from the Chhattisgarh
State Electricity Board. The order was challenged in high court by mithila dubey

Issue- whether mithila dubey and vinod were entitled to succession certificate or not

Judgement- The applicants having failed to demonstrate that exercise of jurisdiction by the 1st
Appellate Court was illegal or with material irregularity, Civil revision is liable to be dismissed.
Consequently, this Civil Revision is dismissed as being devoid of any merit. Hence mithila
dubey and his son were not entitled to succession certificate.
 Chhotu Dewangan And Anr. vs Smt. Urmilabai And Ors. on 17 November, 2006

Facts - Applicant No. 1 Smt. Urmilabai is the widow and Pawan Kumar, non-applicant No. 2 is
the son of late Jagat Ram Dewangan who had two deposits of the maturity value of Rs. 65049/-
and Rs. 14,902/- in Branch Office Dena Bank, Kharora on his death on 11-4-2003. Jagat Ram
Dewangan was unmarried at the time of making the deposit and had nominated his parents
Parthaneen and Mangtu Dewangan and nephew minor Chhotu Dewangan through guardian
Rameshwar, son of Khorbahra, the applicant No. 1.Non-applicant Urmila Bai and her minor son
Pawan filed an application under Section 372 of Indian Succession Act for obtaining succession
certificate for the aforesaid amount. Notice was issued by publication in the local newspaper. The
applicants/revisioners did not raise any objection before the Court. The Branch Manager, Dena
Bank, Kharora, however, raised an objection before the Court that the deceased had in one
deposit nominated Chhotu through guardian Rameshwar and Baratnin Dewangan and
Mangturam Dewangan in the other, who were entitled to receive the amounts deposited by Jagat
Ram. Baratnin Dewangan is dead. In district court It was held that the appeal was barred by
limitation and Urmila Bai and Pawan Kumar being the legal heirs of Jagat Ram were entitled to
receive the amount deposited by late Jagat Ram Dewangan in Dena Bank, Kharora Branch.

Issue- whether applicant no. 1 is entitled to succession certificate or not

Judgement- appeal was dismissed. And wife and child were granted succession certificate

13. Format of succession certificate

To A.B
Wheras you applied on the day of for certificate under part X of the indian succession act,
1925, in respect of the following debts and securities, namely
Debts
Serial number name of the debtor amount of debts, Description and date of
interest, on the date of the instrument, if any by
application for the debt is secured
certificate
 securities

Serial no. Distinguishing Name title or Amount or par Market- value of

number or class of security value of security security on date of
letter of application for
security certificate

This certificate is accordingly granted to you and empowers you to collect those debts and to
receive interest on dividends to negotiate to transfer those securities.

Dated this day of

District Judge

14. Format of extension certificate

On the application of A.B made to me on the .. day of., I hereby

extend this certificate to the following debts and securities namely-

Debts
Serial number name of the debtor amount of debts, Description and date of
interest, on the date of the instrument, if any by
application for the debt is secured
certificate

securities

Serial no. Distinguishing Name title or Amount or par Market- value of

number or class of security value of security security on date of
letter of application for
security certificate
This extension empowers A.B to collect those debts and to receive interest on dividends to
negotiate to transfer those securities.

Dated this day of

District Judge