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Under the Indian Succession Act, a succession certificate is a document that authorises the person who obtains it to represent the deceased in collecting debts and securities due to him or payable in his name. In the absence of a will, a succession certificate will usually be the primary document through which the heirs can stake a claim to the assets of a deceased relative.
A succession certificate should be obtained by petitioning a magistrate or a high court. In most cases, the court has a separate cell that issues succession certificates. When it comes to immovable property, there are other documents that can help, such as a gift deed.
This certificate authorises the deceased person’s successor(s) to realise debts and securities. The issuance of a succession certificate does not confer the right of succession to a deceased person’s claimed property because it does not determine the deceased person’s right, title, and interest in a specific property or the entire property. However, the intestate deceased person’s successor(s) is/are entitled to inherit the deceased person’s property.