Can You Get Succession Certificate Without Lawyer?

A person who does not leave a will when he/she dies is said to have died without a will or intestate. My uncle had a very sudden and unprepared demise last year, so he had no will prepared for his family. I knew that in such cases, the family must obtain an inheritance certificate to prove the legal heirs entitled to claim the property under inheritance law. But I wasn’t aware whether can you get succession certificate without lawyer. So, I did some research regarding it and found out that a succession certificate can be obtained with or without a lawyer. You just need to be aware of the process of applying for it.

Is a lawyer for succession certificate required to file a petition?

Pursuant to Section 371 of the Indian Inheritance Act, an application for probate may be filed with the district court where the deceased resided. However, if you do not have permanent residency, you can apply at the district court where the deceased's property is located.

Application process: The legal heir must apply in the prescribed form to the civil court having jurisdiction over the property of the testator. The application must contain the names of all heirs. The application must include information about the time, date and place of death. A death certificate duplicate copy should be provided for sure.

Notice in newspapers: When the application is accepted, the court will publish a notice in the newspaper and notify all defendants. The notice prompts her to object to the issuance of the Certificate of Succession and provides her a 45-day period along with the necessary supporting documents.

Certificate issuance: If the court has not received a response after the deadline and no one has contested the application, the court will determine the succession certificate in favour of the applicant.

Court costs: The court charges a percentage of the value of the property as court fees for issuing the certificate. This must be paid in the form of court stamps of sufficient value, after which the certificate must be typed, duly signed and served.

What you need for an application for an inheritance certificate?

Here is a list of what you should include in your probate certificate application.

• Time of death of the deceased

• Full address of the deceased at time of death

• Information about the estate of the deceased

• Family members or other close relatives of the deceased and their respective residences

• Complainant's Rights

• Debts and securities for which applications for such certificates are made

Succession Certificate Fees

Inheritance certificate fees vary depending on the value of the property the court is dealing with. The court charges a certain percentage (2-3%) of the value of the security/movable property as a court fee for the purpose of issuing the certificate, and the same amount must be paid when the probate is issued.

So, if you are still wondering can you get succession certificate without lawyer, then I must tell you that with proper application, you can get a succession certificate without a lawyer too.