Working towards your own rights – Issues of Succession Certificate
Working towards your own rights – Issues of Succession Certificate The government of India is leaving no stone unturned in making the country a transparent and clean economy. With the aim of creating a developed and stable country, the authorities have introduced and have made some changes to rules and regulations that govern us. The changing scenario and the steps taken by the government require us to be up-to-date regarding all the changes. Whether its investment opportunities in India or property matters, it is important to maintain proper legal documentations and keep them up-to-date.
The steps taken by the government have affected both residents and NRIs, the steps taken by the government have affected us all. The authorities have taken particular interest in Property matters. They are keeping an eye on every current as well as checking the past transaction related to the property to stop corruption.
Although it does not affect a person with proper and up-to-date documentation, it is still better to prepare for any problem in the future especially in the case of NRIs.
An NRI should take special precautions. She/he should assemble proper legal documents with the help of a lawyer. One can prepare a will in advance or file a nominee for the property ownership or can even appoint a nominee in all financial accounts like fixed deposits, stocks, saving accounts or mutual funds, etc.
But what can an NRI do in case of death of the related individual without making a will? What are the choices left for an NRI to acquire what rightfully belongs to him? The heir of deceased can face lots of issues, and this raises a need for a solution that can help solve the matter.
An NRI can apply for issuance of ‘Succession Certificate’ or the ‘Letter of Administration’ accordingly, in case the related individual dies without leaving a will (intestate).
- A ‘Succession Certificate’ is a certificate granted by the court to the legal heirs of the deceased person. It allows the successor to make payments of debts left behind and transfer movable property such as securities, bonds, etc.
- To obtain the certificate the heir, with the help of an attorney, has to file a petition with the District Judge within whose jurisdiction the property of the deceased person is located, or the dead person resided.
- The petition must contain the following particulars:
- The name of the petitioner
- The date, time and place of death of the deceased
- Relationship with the deceased person
- Names and details of all heirs of the deceased person
- Details of the property of the deceased at the time of death
- Once the petition is filed with the court, a notice has to be issued in the newspaper.
- In the notice, one has to specify the term in which anyone with any objection related to the grant of the certificate can do so.
- In the absence of any objection, the court will issue the ‘Succession Certificate’ to the petitioner.
- From the date of filing the petition to receiving the certificate, it commonly takes 6 – 8 months.
- In the case of immovable property, one needs the ‘Letter of Administration.’ It is a document granted by the court that allows the administrator to act as a legal executor i. e. manage and distribute the assets of the deceased person.
- The administrator of an estate is responsible for collecting the deceased’s assets, paying any debts and then distributing the assets to the beneficiaries.
- After 14 days from the date of death of an intestate, a ‘Letter of Administration’ can be granted.
- The applicant has to attach the following documents with the application/petition:
- Death certificate of the deceased
- Details of the property or residence of dead person
- The particulars of the family of the deceased and their residential addresses
- Proof of what capacity the petitioner should be nominated as the successor of the departed
- Evidence that there is no dispute to his/her claim as a successor
- Details of any debt related to the assets
Demanding what belongs to you is your right though sometimes it’s difficult to acquire it. For an NRI citizen, often it becomes difficult to claim property, which in a way belongs to him/her, due to the lack of a Will even if all the property related details are well known to him/her.
If he/ she take proper advice and consultation from property expert lawyers before taking any steps, the process of acquiring the property becomes easy. As it is often said, ‘Prevention is better than cure,’ making sure you get the best of advice prior to making any move will, in fact, ease the process for you.
We NRI Legal Service are a network of competent lawyers, who, having years of experience; provide appropriate legal advice for property claims throughout the process. We not only make our clients aware of the essential procedures but also help them with all the legal formalities to make the process free of hassles. Our customers never feel alone because they aren’t ever left alone!
During the loss of a parent or spouse, do remember that the movable assets like bank funds, fixed deposits, shares and other financial assets can be transferred in your name only after you have taken the required Succession Certificate.
Remember:
- If a person dies without having made a Will, then the Civil Court will grant the Succession Certificate to release the funds and securities of the deceased
- The SC is meant to establish the legitimacy of the heirs
- Be careful that you have the following :
- Time of death of the one who is no more or the Death Certificate as proof.
- Place of residence of the dead person
- Details of the family and other kith & kin of the deceased
- Adequate proof that the assets do not fall under the restrictive cases and are sans disputes
All details of debts or securities
We have had the case of a middle aged woman, Sunita Kashyap from the state of Himachal Pradesh who had to face a lot of stress when her father died without making a Will. While Sunita had been a resident of Leicester for the past thirty years her father had been a resident of the Kangra belt. All his resources from the Apple orchards they possessed were being deposited in his local bank accounts. When he passed away intestate, Sunita had to struggle to get the funds transferred in her name. Not being able to come to India again and again was a major issue. When she finally contacted us, she was hassled and tense. It took her some time to understand that while she was eligible to get the huge amounts in her name, it would take some effort to get the proper documentation done so that the legal procedure could be carried out.Most people do not realise that even if they are qualified legal heirs, it requires the correct procedure to get all funds released. One needs to keep a record of the time and place of death and make sure that there is no ambiguity about the nature of the property. In Sunita’s case too, the legal experts of our company had to get these documents in order and then submit applications in the civil court in Himachal for provision of the Succession Certificate. There are many such cases that occur and people are left floundering for want of the correct information and proper documentation. It pays to be cautious and act on time to get all your papers in order so that all resources that belong to you might be transferred in time.
We spend a fortune on exotic food items like quinoa, chia seeds, broccoli and Brussels sprouts because we have read a lot about their health benefits. We also respect them because they are fairly expensive and we presume that they must be exceptionally good for health.
Little do we know that many of our local items are a storehouse of nutrients and in many cases are more beneficial than their western counterparts. It is just that enough research has not been conducted on them.
Take the lowly Bathua or Bathu which is looked down upon by many as an unwanted weed. But the wise ones in Punjab, Haryana and Himachal Pradesh have been using it to make saag or raita or a stuffing for the rotis. Its seeds also double up for rice and dal. According to a study published in the Oxidative Medicine and Cellular Longevity in 2009, bathua leaves (pigweed) inhibit the growth of breast cancer cells, and may be a key antibreast cancer bioagent.
The plant also significantly reduces gastric secretions. It improves haemoglobin levels, treats intestinal parasites, is a good heart tonic and an excellent source of iron, potassium, calcium and zinc. Its seeds are rich in amino acids, vitamins A and C
Napoleon Bonaparte is said to have relied on bathua seeds to feed his troops during lean times
What irony that many in India try to eradicate its presence with the use of pesticides and herbicides. Thank heavens that such assaults make it more resilient and adaptable.
If Spring could have an eternal abode, Jampui Hills would figure high on the list of prospective addresses. Pastoral charm studded with original, eye-catching small houses, lends this place its appeal and serenity. Inhabited mainly by the Lushai tribes, the hills get a striking distinct cultural identity by this community of wealthy people. They have neat and clean houses and have them equipped with modern amenities too. English is the primary language, and most of them follow Christianity.
Interestingly, Jampui could very well be known as the Orange Hill Area. Though besides these, these lush green hills also host orchids and tea plantations. The fantastic Orange festival held here in the month of November lends fame to the hill station. This festival attracts both foreign and Indian tourists. Throughout the hills, long desolate paths, Orange trees on both sides and plenty of Orchids all along – all of it further enhanced by the unpolluted air that one can breathe in at any point in time. Green forests and inner peace are a combination that could lure anybody.
Views of the neighbouring hills or the sunrise and sunset could take the breath away for any spectator. Several points on the hills offer appealing views of the Chittagong Hill Tracts and the Kanchanpur – Dasda valley. Some hill ranges of Mizoram are also visible from here.
The virgin forests of these hills offer a calm and eco-friendly environment, lavish landscapes and ideal opportunities for developing eco-tourism. Since the population is not much, it adds to the scope of tourism here. The rainy season offers scenes where you could watch floating clouds – these gradually ascend from the bottom of the hills to the top and slowly engulf the entire range in a heavenly fold. Of late, the Sabual village in the Jampui hills has also become home to boating facility.
At different points of time in the year, the hills offer an unusual sight of flowers and fruits. Between October and December, the fruit-laden Orange trees add a spectacular orange colour to the entire range. From March to May, Orchids take over, and other trees bear more varieties of flowers too. In the rains, only clouds dominate, and the entire range is home to various cloud shapes floating around.
There is also the ‘Eden,’ a magnificent hill-top Tourist Lodge in the village of Vangmun. Tourists can stay here – and also get accommodation with the locals who offer paid facilities for visitors. This also helps visitors understand the life and culture of the Lushai tribes.
Rightly called the permanent seat of spring, Jampui Hills have come to attain a name for the beautiful landscape and an endearing climate.
The natural beauty of the hills combined with the pleasant weather and various species of trees, the exquisite orchids and orange gardens, the hospitable people and rich cultural heritage make these hills an ideal destination for the tourists.
The state of Tripura claims a prominent place in North East India for her natural beauty spots dotted with lush greenery. The luxuriant forests of Jampui, the premier one among the 6 principal hill ranges of Tripura provides a life time’s exhilarating experience for the tourists.