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Succession Certificate in Andhra Pradesh
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Dealing with the assets of a deceased person is a challenge that almost none of us are ready to take up. A succession certificate helps you navigate through these troubled times. Getting a succession certificate in Andhra Pradesh is easy, as you need to follow a set of rules and procedures to get it. You can read this post and take the necessary steps to learn about these rules and processes.
What is a Succession Certificate, and Why is it Necessary?
A succession certificate is a legal document that is issued by a civil court to the legal heirs of a deceased person. This certificate provides the holder authority to inherit and manage the debts and securities of the deceased person. It is necessary when the deceased has not left a will before passing.
A succession certificate is needed for various reasons. Here are a few of them.
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- When debts are securities, they are a part of the assets.
- When the deceased has not left a will behind.
- During disputes related to assets, such as ancestral property, shares, bank accounts, etc.
- To transfer the deceased's shares, bank accounts, and other securities.
Eligibility Criteria for a Succession Certificate in Andhra Pradesh
Legal heirs of the deceased can include children, spouses, and other relatives, but this can differ based on religion or community. As per the Hindu Succession Act of 1956, there is a clear hierarchy and share of assets among heirs.
Muslims follow inheritance law, which provides fixed shares to heirs such as children, spouses, and parents. Since Christians and Parsis don’t have any personal laws, they follow the Indian Succession Act of 1925. This provides a uniform distribution of assets among heirs but with a few changes.
What Documents are Needed for a Succession Certificate in Andhra Pradesh?
You must provide the following documents to get the succession certificate in Andhra Pradesh.
- Death certificate of the deceased.
- Identity and Address proof of the applicant.
- Legal heir certificate
- Details of the Assets for which the certificate is needed.
- An affidavit about the relationship with the deceased and the absence of a will.
- The court fee receipt is after payment of the necessary fees.
- NOC and property details of the deceased.
How to Get a Succession Certificate in Andhra Pradesh?
To get a succession certificate, you must follow a step-by-step process. The steps are mentioned below.
- First, you must prepare the petition, then verify and sign it before submitting it to the jurisdictional civil court. The court must be at the location of the deceased or where their assets are located.
- Next, the judge will conduct a preliminary hearing to verify the case's validity and the documents' authenticity.
- After the preliminary hearing, the court will issue a public notice inviting objections to the claim and fix a date for the final hearing. The time period for the objection is around 30 - 45 days.
- If the court does not receive any objection on the day of the final hearing, a succession will be issued to the applicant upon the court's satisfaction. The court will resolve the issue before issuing the certificate in case of an objection.
The petition must contain the time of death of the deceased, rights of the applicant, debts, and securities for which the application is submitted, etc. You must also submit all the necessary documents along with the petition.
The whole process is offline and is the only method. As of now, obtaining a succession certificate online is not possible.
Time and Stamp Duty on Succession Certificate in Andhra Pradesh
The time required to get a succession certificate is not fixed. It can vary depending on a few factors, such as
- The workload of the court.
- The complexity of the estate.
- The time needed to resolve objections raised during the public notice period.
But in general, the whole process takes around 5 - 7 months.
The succession certificate fee in the Andhra Pradesh court is generally around 3% of the property's value, but it can change depending on various factors. The fee must be paid when the petition is filed through stamp papers.
Format of Petition for Succession Certificate in Andhra Pradesh
Here is a sample format for a succession certificate that you can use.
| [Letterhead of the Issuing Court] To All Concerned, Succession Certificate Reference No: [Insert Unique Certificate Number] Regarding the estate of [Name of the deceased], child of [Father’s/Mother’s name], who passed away on [Date of death], residing at [Address of the deceased]. I, [Your Name], as the lawful heir of those above deceased, hereby request the issuance of a Succession Certificate about both movable and immovable assets, as the deceased did not leave a will. Details of the Deceased: Full Name: [Deceased’s Full Name] Parent’s Name: [Deceased’s Parent’s Name] Date of Death: [Date] Last Residential Address: [Address] Applicant’s Details: Full Name: [Your Full Name] Parent’s Name: [Your Parent’s Name] Current Address: [Your Address] Relation to Deceased: [Your Relationship with the Deceased] Assets of the Deceased: Description of Assets: [Brief Description] Location: [Location of Assets] Estimated Value: [Value in Currency] I affirm that the information provided herein is accurate and true to the best of my knowledge and belief. Therefore, I respectfully request the issuance of the Succession Certificate under my name in accordance with the Indian Succession Act 1925. Dated: [Date of Application] Sincerely, [Your Signature] [Your Full Name] |
Succession Certificate vs Legal Heir Certificate: Which is Better?
Here are some of the main differences between the succession certificate and the legal heir certificate.
| Succession Certificate | Legal Heir Certificate |
|---|---|
| Provides authority over the debts and securities of the deceased where a will is absent. | To prove the rightful heirs of a deceased person. |
| Gives authority to the successor to manage and distribute the assets and liabilities of the deceased. | It is used to claim the deceased's assets, benefits, and rights. |
| It is necessary for transferring or selling properties like land, buildings, etc. | This is only limited to certain transactions, such as transferring bank accounts, minor assets, etc. |
If you face any issues while procuring any of these documents, you can choose NoBroker’s Legal Services. NoBroker will help you obtain these documents at minimal rates without hassle.
Frequently Asked Questions
Ans: The succession certificate is valid throughout the country, and it needs to be produced where the assets are located.
Ans: The cost of a succession certificate is typically around 3% of the total value of the property, but it can vary depending on various factors and circumstances.
Ans: Currently, it's not possible to get a succession certificate online in Andhra Pradesh. You need to make a petition in the jurisdictional court to get one.
Ans: The District Court within the jurisdiction of the deceased's residence can issue a succession certificate.
Ans: In total, it takes around 5-7 months to get a succession certificate. There is also a 45-day period for objections after the petition.
Ans: No, you don’t have to pay inheritance tax after getting a succession certificate. You only need to pay tax if you use the inheritance to earn rental income.
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