00:00Hello everyone, this is Advocate Akriti Singh, Senior Legal Associate at NRI Legal Services.
00:06Today I am here to apprise you all regarding Succession Certificate and Legal Herrship
00:11Certificate.
00:13Succession Certificate is a document which is obtained by the successor or inheritor of
00:18the deceased person who died without writing a will.
00:22In simple words, it is obtained by the successor to own the properties left behind the deceased
00:28person.
00:29This also authenticates and establishes the successor's right over the property.
00:36It may be noted that all the debts and securities can be claimed by the successor via this certificate.
00:44For obtaining a Succession Certificate, it needs to be filed in the territorial jurisdiction.
00:50If the jurisdiction is Gujarat, the Succession Certificate will be filed in Gujarat.
00:56It may be noted that the Succession Certificate will be filed where the deceased was residing
01:02at the time of the death.
01:05In case of non-availability of any such place, the Succession Certificate will be filed within
01:11the area where any asset of the deceased would belong.
01:17Now we will discuss the procedure involved for the Succession Certificate.
01:22Step 1 is Petition Preparation.
01:26The Counsel or the Representative will prepare the Succession Certificate application which
01:32will be filed before the Court of Law along with the requisite stamp and court fees.
01:38The second step is hearing.
01:41Once the Succession Certificate is submitted before the Court, the Honourable Judge will
01:47hear the counsel and the relevant facts will be projected before them.
01:52Thereafter, the Summons and Notices will be issued to the opposite parties.
01:59Simultaneously, Public Notice is also issued in the local newspaper and then the Court waits
02:05for a stipulated period of time to receive objections if any.
02:11Step 3 is Evidence.
02:13Thereafter, the Petitioner files the Written and Oral Submission of the Evidence.
02:20And lastly, the Grant of Succession.
02:23Once all the requisite steps are completed, the Court decides whether the Claimant has a
02:29right to obtain the Succession Certificate or not.
02:34Now we will discuss the particulars and documents required for Succession Certificate.
02:39Firstly, Place, Date and Time of the Death of the Deceased along with the Original Death Certificate.
02:47Secondly, all the Bank Paperwork such as Passbooks, Fixed Deposits etc.
02:56Next, all the Details pertaining to the Depths and Securities.
03:00And along with this, the Details of the Family Members or Legal Heirs that is their Names, Addresses
03:07along with their Identity Proofs.
03:10Now I will discuss Succession Certificate and Wills.
03:14In case a Will is left behind by the deceased person, then the Succession Certificate will
03:19not be granted.
03:21The Beneficiary of the Will will definitely inherit the properties according to the instructions
03:27provided in the Will.
03:29Although, as per the Section 370 of the Indian Succession Act 1925, a Succession Certificate
03:36will not be granted with regards to the Depths and Securities in case the right of the property
03:42is meant to be established by getting Letter of Probate or Administration.
03:50It may be noted that the Rules pertaining to the Letters of Administration is different
03:54in each State.
03:55However, if there is no Will, then the Banks, Financial Institutions and other Organizations
04:03will definitely rely upon the Legal Heirship Certificate or Succession Certificate.
04:09Now we will discuss Legal Heirship Certificate.
04:12In case of untimely demise of the loved one, it is important to obtain a Legal Heirship Certificate.
04:19Before filing this Certificate, one needs to have an Original Death Certificate of the
04:24deceased which can be obtained from the Municipal Corporation.
04:30It is important for the NRIs to obtain the Legal Heirship Certificates to inherit the properties
04:36situated in India.
04:39It is important to know the purpose and benefits of the Legal Heirship Certificate.
04:44Firstly, it will help to inherit the properties of the deceased person, secondly to claim the
04:52insurance money, thirdly to avail the areas of salary in case the deceased was employee
05:00of central or state government, fourthly to receive the funds such as provident funds and
05:07gratitude, and lastly to get a compassionate job of the deceased person.
05:15Now who all can apply a Legal Heirship Certificate?
05:19Firstly, the deceased spouse can apply for a Legal Heirship Certificate, then children of
05:27the deceased, maybe son or daughter, and then parents of the deceased.
05:32Procedure of Legal Heirship Certificate.
05:33A Legal Heirship Certificate can be obtained from a Municipal Corporation, Taluk Taiseezar
05:39Office or even District Court.
05:44It is important to note here that the Legal Heirship Certificate and its process varies from
05:49state to state in India.
05:51While obtaining a Legal Heirship Certificate, one needs to fill the requisite form and the same
05:58needs to be annexed with an affidavit which has to be signed, verified and notarized.
06:05The application will entail the details pertaining to the deceased along with the Legal Heirs.
06:13There will be date, place of the deceased along with the original death certificate.
06:19There will be also the details of the Legal Heirs including their names, age, addresses along
06:26with their relevant identity proofs.
06:29Once all the documents are submitted before the authority, the concerned official will
06:35scrutinize all the documents and then the Legal Heirship Certificate will be granted within
06:40the stipulated period of time.
06:42Now what is the difference between Succession Certificate and Legal Heirship Certificate?
06:48Most of the people think that both are similar.
06:51However, they are totally different.
06:54The Succession Certificate is issued to obtain the assets, that is depths and security of the
07:01deceased person.
07:02However, Legal Heirship Certificate is crucial to obtain the certificate which depicts the relationship
07:11with the deceased and authenticates the successor and inheritors, so that they can claim the
07:17properties of the deceased in future, in any of the concerned departments.
07:22Now we will discuss the revocation of the Succession Certificate.
07:27A grant of a Succession Certificate can be revoked under Section 382 and 383 of Indian Succession Act.
07:34If the proceedings of the Succession Certificates were found to be defective.
07:39Defective means if the proceedings had some sort of harm and prejudice to any third party.
07:47Also, if there is any concealment of the relevant fact, then such certificate will be revoked.
07:55Similarly, a Legal Heirship Certificate can also be revoked under Section 2 of the Bombay Regulation Act,
08:04where there is non-disclosure of a certain fact.
08:07Both Succession Certificate and Legal Heirship Certificate has its own benefits and importance,
08:13while claiming the assets and properties of the deceased.
08:18Most importantly, NRIs who are residing outside India may claim the assets left behind their deceased family members
08:28via Succession Certificate or Legal Heirship Certificate.
08:31Thank you for watching this video.
08:34Please like, share and comment.
08:36And in case you have any query, please write us at query at the rate nrilegalservices.com.
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