- a certificate
- issued by a civil
court to the legal heir(s) of a deceased person
- in respect of
debt or securities of deceased person, who died without leaving behind a will
- to realize those
debt or securities by the legal heirs of the deceased person.
Issuance of
Succession certificate is governed by Part X of Indian Succession Act, 1925. An
application can be made under Section 372 of the Act before the District Judge
with prescribed particulars
It must be in
respect of debt or securities of the deceased person. The word ‘securities’ has
been defined by Section 370 (2) of the Act as following:
370. (2) For the purposes of this
Part, "security" means--
(a) any promissory note,
debenture, stock or other security of the Central Government or of a State
Government;
(b) any bond, debenture, or
annuity charged by Act of Parliament of the United Kingdom on the revenues of
India;
(c) any stock or debenture of, or
share in, a company or other incorporated institution;
(d) any debenture or other
security for money issued by, or on behalf of, a local authority;
(e) any other security which the
State Government may, by notification in the Official Gazette, declare to be
a security for the purposes of this Part.
|
Appeal lies against
the grant or refusal of succession certificate to High Court as provided in
Section 382 of the Act.