If you are a Non-Resident Indian (NRI) and your family member or relative has passed away in India, you may need a succession certificate to claim your share in their assets. A succession certificate is a legal document that establishes the rightful heir of the deceased and authorizes them to inherit and transfer their assets.
In India, succession laws are governed by personal laws that vary according to religion. However, the Indian Succession Act, 1925 applies to all religions except for Muslims, who have their own personal law. The act specifies the process of obtaining a succession certificate in India.
Who can apply for a succession certificate in India?
The person who is entitled to inherit the assets of the deceased can apply for a succession certificate in India. If the deceased has left a will, the executor named in the will can apply for the certificate. However, if there is no will, the legal heirs of the deceased can apply for the certificate.
How to apply for a succession certificate in India for NRI?
If you are an NRI and want to apply for a succession certificate in India, you need to follow these steps:
- Gather the necessary documents: You will need to provide the following documents to apply for a succession certificate in India:
- Death certificate of the deceased
- Proof of relationship with the deceased
- Details of the assets and liabilities of the deceased
- List of legal heirs of the deceased
- Affidavit stating that you are the rightful heir of the deceased
File a petition in the appropriate court: You need to file a petition in the appropriate court where the assets of the deceased are located. The court will then issue a notice to all the legal heirs of the deceased, and ask them to appear in court on a specified date.
Attend the court hearing: You need to attend the court hearing along with all the legal heirs of the deceased. The court will verify the documents and hear any objections raised by the legal heirs.
Obtain the succession certificate: If the court is satisfied that you are the rightful heir of the deceased, it will issue a succession certificate in your name. The certificate will specify the assets that you are entitled to inherit.
How long does it take to obtain a succession certificate in India?
The time taken to obtain a succession certificate in India can vary depending on the complexity of the case and the workload of the court. Generally, it can take anywhere from 6 months to 1 year to obtain a succession certificate.
Why is a succession certificate important for NRIs?
A succession certificate is important for NRIs because it establishes their right to inherit the assets of the deceased. Without a succession certificate, they may face difficulties in claiming their share of the assets. Moreover, if the assets are not transferred in their name, they may face legal complications while selling or transferring the assets.
Conclusion
In conclusion, a succession certificate is an important legal document that NRIs need to claim their share in the assets of their deceased family members or relatives in India. The process of obtaining a succession certificate in India can be lengthy and complex, but with the right guidance and legal help, it can be completed smoothly. It is recommended that NRIs consult a lawyer in India to help them with the process of obtaining a succession certificate.
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