In the absence of nomination or will, the heirs to a piece of property or financial assets are required to prove their claims to them. In such cases, depending on the asset, an heir might be asked to produce either the succession certificate or the letter of administration.
For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required. For immovable property like land or jewellery, one has to produce the letter of administration in support of his or her claim.
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.
FILING OF APPLICATION
If the District Judge is satisfied as to the ground of making the petition, an opportunity will be granted to hear the persons who, in his/her opinion, should be heard. After hearing all parties, the Judge will decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate.