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Succession Certificate in Telangana, Laws, Application Process, Eligibility and Documents in 2025
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Losing a loved one is difficult, and dealing with the legal formalities that follow after can be confusing. If the deceased had left money and assets without a will, then the legal heirs will need a succession certificate to claim them. To get a succession certificate in Telangana, one must follow certain procedures and submit documents. This post will provide you with all the information about a succession certificate. Along with that, you will also learn about the various intricacies of obtaining a succession certificate.
What Is a Succession Certificate?
A succession certificate is a legal document issued by a court in Telangana. This grants the heirs of a deceased person authority over their debts and securities. It is issued when the deceased person has not left a will behind to ensure the assets go to the rightful successors.
Documents Required for Succession Certificate in Telangana
To receive a succession certificate in Telangana, you must have the following documents.
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- Death certificate of the deceased.
- Legal heir certificate
- Proof of relationship
- Identity and address proof of the applicant
- An affidavit stating the applicant’s claim
- No objection certificate
- Property details of the deceased.
These documents are necessary to make sure that the process goes smoothly. If you are facing issues obtaining any of these documents, then you can opt for NoBroker’s Legal Assistance, for which you have to pay very minimal charges.
Succession Laws in Telangana
The process to get a Telangana succession certificate varies based on the religious background of the deceased. The court considers religion-based laws when issuing a succession certificate. Here’s how these laws differ based on various religions in India.
Hindu, Sikh, Jain, and Buddhist Succession Laws
According to the Hindu Succession Act, legal heirs are defined as immediate family members, such as spouses, children, and parents. This outlines a clear hierarchy and share of assets among heirs.
The same law is applicable to the Sikh, Jain, and Buddhist religious communities as well.
Muslim Succession Laws
The Muslim succession laws are very different from the Hindu succession laws. According to Islamic or Sharia law, the wealth of the deceased is allocated to family members such as children, spouses, and parents equally.
Christian and Parsi Succession Laws
Since they don’t have any personal laws, the Indian Succession Act applies to these religions. Similar to the Hindu succession laws, a uniform distribution of assets among heirs is provided but with a few changes.
How to Get a Succession Certificate in Telangana?
To apply for the succession certificate, you need to follow the steps provided below.
- You need to make a petition to the District Judge under section 372. This petition must be filed where the deceased resided, or the assets are located.
- During the filing of the petition, you must include all necessary details, such as your relationship with the deceased, personal details, all the assets of the deceased, etc.
- While you submit the petition for a succession certificate in Telangana, you must provide all the necessary documents, too. Some of those documents are Legal heir certificates, Proof of relationship, etc.
- Once the submission process is completed, the court will conduct a preliminary hearing to check if the case is valid or not. Following that, the court will also verify the authenticity of the documents.
- After the hearing, a public notice will be issued by the court. This notice is to invite any form of objections to the succession claims and it is available for 30 - 45 days.
- If the court receives no objections or after resolving the objections, the court will issue the final hearing. The succession certificate will only be issued by the court after satisfactory results.
By following these steps, you can obtain a Succession Certificate, but you must ensure the petition is being made at the appropriate court.
Who Needs to Apply and Why?
A succession certificate is necessary when a person dies without leaving a will. The primary applicants of this document are the legal heir/ heirs of the deceased. Legal heirs are generally the spouses, children, and parents of the deceased. In their absence, other relatives can also apply depending on their rights under the Succession Act.
Here are a few reasons why it's essential to apply for a succession certificate in Telangana.
- The certificate provides legal recognition to the heirs and allows them to claim the various assets of the deceased. These assets can include shares, properties, etc.
- The legal heirs can claim ownership of the assets of the deceased without any legal disputes.
- It protects the assets of the deceased against all fraudulent claims.
What is the Succession Certificate Telangana Court Fee?
The court fee for obtaining a succession certificate in Telangana differs based on the value of the assets in question. In general, it's calculated as a percentage of the value of the property being inherited, which is around 3%. This fee must be paid through stamp papers while filing the petition.
How Much Time Is Needed to Obtain a Succession Certificate?
The expected time of getting a succession certificate is around 5 - 7 months. This can get extended depending on a few factors, such as the workload of the court, the complexity of the estate, etc.
Succession Certificate vs Legal Heir Certificate: What's the Difference?
Though both are used for inheritance matters, their purposes are quite different. A succession certificate is used to claim and manage the assets of the deceased. Now, these assets can vary from bank accounts, debts, ancestral properties, etc.
On the other hand, a legal heir certificate is used to show the relationship between the deceased and the legal heir. It is generally used for making claims against insurance, pensions, etc.
Format of Petition for Succession Certificate in Telangana
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]
Frequently Asked Questions
Ans: Currently, you cannot apply for a succession certificate Telangana online. However, you can check the MeeSeva portal of Telangana for updates regarding this matter.
Ans: The stamp duty differs based on the total value of the inherited assets, but it's generally around 3%.
Ans: Succession certificate is only given to the legal heir of the deceased, who has not prepared a will before their death.
Ans: A succession certificate is issued by the District court of the area where the deceased person used to reside. Before issuing the certificate, the court will verify the claims of the applicant.
Ans: Under Article 137 of the Limitation Act 1963, an applicant must file to revoke a succession certificate within three years from the date they become aware of the issue.
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