Getting a succession certificate in West Bengal is an important step in the non-testamentary transfer of property through hereditary succession.

Succession Certificate in West Bengal

A succession certificate is a legal document given by a civil court to the heirs of a deceased person certifying a person to be the successor of such deceased person. The certificate authorises the successor to deliver the debts and securities of the deceased person. The certificate is required in case of inheritance of immovable property.

A succession certificate in West Bengal is often equated with a legal heirship affidavit or a warrison certificate since the same can also suffice in several such situations. However, each of these documents has different functionalities and are different. If you need a succession certificate, a legal heirship affidavit or a warrison certificate, then you must consult one of the best property lawyers in West Bengal.

When do you need Succession Certificate in West Bengal:

• Probate is not required. And also where there is no need for letters of administration.
• When the deceased person is a Christian.
• When the deceased person is a Mohammaden.
• A deceased person who is a Hindu and has left a Will.
• In case of the property of a joint family under Hindu law.

Procedure for Application for the Succession Certificate:

An application must be made to the district judge within the jurisdiction where the deceased person used to reside at the time of his death. If the deceased had no fixed residence then the application must be made to the district judge within whose jurisdiction any part of the property of the deceased person is found.

A person who is of sound mind but not a minor and has an interest in the deceased person’s estate can make this application and a certificate can be given to a minor through a guardian. For more details about obtaining a succession certificate in West Bengal and Kolkata, you must consult the best property advocate in West Bengal and Kolkata. The property lawyer can guide you whether you need a certificate, legal heirship affidavit or a warrison certificate.

The certificate petition should contain the following particulars:

• It should contain the time of death of the deceased.
• Residence or description of the properties of the deceased person at the time of death.
• Description of family and other near relatives.
• Petitioner rights.
• Absence of any impediment to the grant of a succession certificate.
• Copy of the death certificate of the deceased.
• It should contain the debts and securities in respect of which the certificate is applied for.

The court after examining the application or petition issues a notice to the parties and mentions a period within which any individual can raise objections regarding the application and if there are no objections then the court orders to pass the succession certificate. If there is more than one petitioner then the court may jointly grant a certificate. For more details, contact here. You may also read Jyotirmoy Pal Chaudhuri vs Citi Bank N.A. & Anr on 25 April, 2024 to learn more about the need for succession certificate and the procedure in court.

Effects of the Succession Certificate:

The owner of the certificate has the right to:
• Claim the property and assets of the deceased.
• Has right to represent the deceased in collecting debts and securities due to the deceased.
• Has right to inherit the debts and other liabilities of the deceased.

The Validity of the Succession Certificate:

A succession certificate is valid or applicable throughout India and in West Bengal and Kolkata.

Need for Succession Certificate:

A succession certificate gives authenticity to the successor and establishes the legal heirs. The Indian Succession Act,1925 provides the procedures and mandatory provisions for succession certificates. The essential element of this certificate is to protect all the parties who are heirs and it is generally applicable and required for movable properties. For more details and to obtain a succession certificate in West Bengal, contact one of the best property lawyers in West Bengal here.