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Succession Certificate Haryana, Application Process, Eligibility and Documentations 2025
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A succession certificate is a legal document issued by a court to the heirs of a deceased person. This certificate allows the heirs to inherit and manage the deceased person's debts and securities. It also makes the whole process of transferring the deceased person's assets easier and smoother.
When it comes to claiming the assets of a deceased person, a succession certificate is necessary. This certificate provides the bearer authority over the assets of a deceased person. So, it is very important to understand the importance of a succession certificate in Haryana. This post will help you understand the process of obtaining a succession certificate and all the minute information that you might need to know about it.
What Documents Required to Get Succession Certificate in Haryana?
You need to submit a few specific documents to get a succession certificate. Those documents are
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- Death certificate of the deceased.
- Identity and Address proof of the applicant.
- Legal heir certificate
- NOC and property details of the deceased.
- Details of the Assets
- Proof of relationship with the deceased.
- The court fee receipt is after payment of the necessary fees.
You must submit all of these documents to ensure the process goes smoothly. Accurately submitting these documents is the key to successfully getting a succession certificate.
What are Eligibility Criteria for a Succession Certificate in Haryana?
You must be the deceased's legal heir to be eligible for a succession certificate in Haryana. Generally, children, spouses, and parents are considered heirs, but in some cases, relatives are also regarded as legal heirs.
Religion is another factor considered by the courts when issuing a succession certificate. According to the Hindu Succession Act of 1956, there is a clear hierarchy and shares of assets among the heirs.
For Muslims, fixed shares are divided among the heirs. Christians and Parsis follow the Indian Succession Act of 1925, as they don’t have any personal laws. The assets are distributed among the heirs uniformly but with a few changes.
How to Get a Succession Certificate in Haryana?
Here are the steps for applying for the succession certificate in Haryana.
- Visit the jurisdictional civil court in the deceased's location and file a petition. Ensure that the petition includes all the necessary personal details, the deceased's relationship with you, and a list of the assets, such as ancestral property.
- When filing the petition, also include all the documents, such as the death certificate and legal heir certificate.
- After the petition is filed, the court will conduct a preliminary hearing. In this hearing, the court will examine the case's validity and the document's authenticity. A date for the final hearing will also be declared.
- Next, a public notice will be issued inviting objections, generally lasting for 30 - 45 days.
- If there are no objections, the court will proceed with the final hearing and issue the succession certificate to the heir. If there is an objection, the court will resolve it before issuing the certificate.
If you find these steps confusing, you can opt for NoBroker Legal Services. The NoBroker team will help you obtain the succession certificate without any hassle.
What is the Stamp Duty on Succession Certificate in Haryana?
The succession certificate cost can vary by around 3% of the total value of the assets. This amount must be paid while filing the petition through judicial stamp papers.
Time Needed to Get Succession Certificate
The time required to get a succession certificate is around 5 - 7 months. But this can easily vary depending on factors such as
- Complexity of the estate.
- Time taken to resolve objections.
- The workload of the court.
To ensure the certificate is obtained in the minimum time, you must follow the steps religiously and submit all the proper documents. You can also hire a lawyer to make the process easier and smoother if necessary.
Succession Certificate vs Legal Heir Certificate: What is Better?
Though both succession certificates and legal heir certificates are used for inheritance purposes, they have separate functions.
- A succession certificate provides legal heirs authority to inherit the debt and securities of a deceased person. A legal heir certificate provides the heir's authority over financial claims and benefits.
- A civil court issues a succession certificate, and revenue authorities or local municipal bodies provide a legal heir certificate.
- A succession certificate establishes the legal heirs, and legal heir certificates prove the identity of the deceased person's legal heirs.
Format of Petition for Succession Certificate in Haryana
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 the aforementioned deceased, hereby request the issuance of a Succession Certificate pertaining to 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]
If you find these steps confusing, you can opt for NoBroker Legal Services. The NoBroker team will help you obtain the succession certificate without any hassle.
Frequently Asked Questions
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.
Ans: The maximum succession certificate Haryana court fee is capped at Rs. 50,000. This is regardless of the value of the total assets of the deceased.
Ans: The documents required are the death certificate of the deceased, identity proof of the applicant, address proof of the applicant, details of the assets for which the certificate is needed, an affidavit about the relationship with the deceased and the absence of a will and Court fee receipt after payment of the necessary fees.
Ans: The advocate fees can vary depending on the complexity of the case. So it's hard to put an exact number.
Ans: Currently, you can’t apply for a succession certificate in Haryana online, but you can keep checking the official State Portal for updates on this.
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