Taking care of your legal issues after losing a family member is never an easy thing to do, and even more difficult if you are residing outside your country of origin. However, for Non-Resident Indians (NRIs), managing their financial affairs becomes even more complex due to geographical and legal reasons. The silver lining here is that getting your NRI succession certificate in India without having to travel is definitely achievable.

The following blog post gives you a detailed guide on how NRIs can get this done without stepping out of their comfort zones with the help of NRI legal consultants and services in India and in Canada.

What is a Succession Certificate?

A succession certificate is an official document issued by a civil court in accordance with the provisions of the Indian Succession Act of 1925. This certificate gives the right to heirs to take charge of all the movable property left by the deceased. Examples of movable property include:

  • Bank savings or fixed deposits
  • Shares, mutual funds, and bonds
  • Certain types of insurance benefits

It is significant to remember that the certificate doesn’t prove possession of the assets but grants the authority to take control of the assets.

When Should an NRI Succession Certificate Be Obtained?

An NRI succession certificate may be needed when there is:

  • No Will of the deceased person (intestate)
  • No registered nominee for financial assets
  • Multiple legal heirs
  • Request from banks/other organisations for legal evidence to release money

In the case of NRIs, such instances are quite frequent, and hence the certificate becomes an indispensable document from a legal standpoint.

Step-by-Step Process to Get a Succession Certificate Remotely

1. Make a Power of Attorney (POA)

Firstly, you will need to appoint someone who lives in India whom you trust.

  • The POA needs to be executed before a notary in your home country
  • The POA then needs to be apostilled or authenticated at the Indian Consulate
  • Afterwards, send it to India, and it must have an official stamp.
2. Determine the Right Jurisdiction

The claim should be brought before the district court, which:

  • Was the domicile of the deceased person, or 
  • Where the movable assets are found
3. Forming and Filing the Petition

The petition must contain:

  • Information related to the deceased (date of death and place)
  • Information regarding all the legal heirs
  • Nature of the relation with the deceased
  • A detailed list of debts and securities

The death certificate will have to be submitted along with the application.

4. Documents needed for Application

Other than the above details, the following documents are required for completing the filing process:

  • Certificate of death of the deceased individual
  • Identity and residence proof of the claimant
  • Proof of relation (Birth certificate, passport, etc.)
  • Details of the assets (Bank statement, investment, etc.)
  • POA apostille for Non-Resident Indians
5. Verification by the Court and Notice of Objections

After filing the petition, the next step of the court is to:

  • Verify all the documents filed with the petition
  • Publish a notice inviting objections to the application
  • Grant reasonable time for objections (usually 30-45 days)

This will promote transparency in the process and protect the rights of other heirs.

6. Issue of the Certificate

If there is no opposition and adherence to all the processes, then the certificate of succession will be issued by the court. The certificate helps in managing the property of the deceased by the beneficiary.

Timeline for Obtaining the Certificate

The time it takes to complete the process depends on the situation:

  • Two to three months in simple cases
  • Four to eight months when there are problems with the documents
  • More if there are conflicts among the heirs

Seeking professional guidance from an experienced team of NRI legal consultants and services in India will greatly accelerate the process.

Role of NRI Legal Consultants

It can be tough to manage all the legal processes while being outside your home country, and that is where professional services come into play.

NRI Legal Consultants in India

They perform the following functions:

  • Drafting and submitting legal petitions
  • Representation in court
  • Document preparation and compliance
  • Financial institution coordination
NRI Legal Consultants in Canada

If you are an NRI living in Canada, then you can seek help from local consultants who will guide you with:

  • Preparation and legalisation of power of attorney documents
  • Apostille/consular certification guidance
  • Coordination with lawyers in India

By using NRI legal consultants and services in Canada and India, you will have an easy time getting the certificate.

Frequently Asked Questions

1. How much time would it take to obtain an NRI succession certificate?

In most cases, it takes about 2-3 months for simple procedures. But if there are any disputes or problems with documentation, then it can take anywhere between 4-8 months or even more.

2. Is a succession certificate compulsory when there is a Will?

In case of a proper Will, obtaining probate becomes essential. Yet, some financial organisations may require the issuance of a succession certificate in certain cases.

3. Can there be several applicants at once?

Absolutely, several legal heirs can apply for a succession certificate together. Also, one can apply while obtaining No Objection Certificates from other legal heirs.

4. What property is mentioned under the succession certificate?

Normally, the succession certificate includes only movable properties like bank accounts, savings accounts, shares, mutual funds, bonds, etc. It doesn’t include immovable property.

Conclusion

Getting the succession certificate as an NRI without having to travel to India can prove to be an effective strategy for NRIs who need to manage their inherited property or assets. All that is required is the correct preparation of the power of attorney, as well as the help of NRI legal advisors and services in India and NRI legal advisors and services in Canada.

All of this will allow one to manage this task from the comfort of their home country without any major problems.