• Succession Certificate NRI

How can I get a succession certificate in Mumbai when I am living out of India?? I am NRI, with PAN card and OCI card. Can a lawer make the application in my name if I send him all the documents?
Thanks for the answer
Asked 2 years ago in Property Law from Spain
Religion: Hindu
Hi, you can execute General Power of Attorney in favor of your brother/sister/friend to whom you trust and based on the Power of Attorney you can apply for Succession Certificate in the Court.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Yes. Your lawyer can file for succession certificate. Pls note succession certificate is valid for only movables and bank fixed deposit. To obtain succession certificate you will need the death certificate and legal heir certificate of deceased person. For immovable property transfer you will need only the death certificate and legal heir certificate of deceased person. Succession certificate will not be applicable for transferring immovable properties. Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
161 Consultations

5.0 on 5.0

1) succession certificate is only for movable debts and securities 

2) you need letters of administration for immovable properties 

3) lawyer can send you papers for yiur signature and you can have it attested before Indian consulate 

4) you can also execute POA in favour of relative if you so desire 

Ajay Sethi
Advocate, Mumbai
45712 Answers
2688 Consultations

5.0 on 5.0

1. You can execute the application for succession certificate by signing it at Spain and getting it notarised before the appropriate officer of local Indian consulate,

2. Your lawyer at Mumbai now can file the said application and pursue the matter effectively,

3. You will be required to be present before the Court to establish your identity in person at a later date.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

You are required to file a petition in the court on the basis of death certificate of the deceased and other documents which may be required depending on your relationship with the deceased. You do not have to appear personally in the court except for your witness deposition whereas the presence of your lawyer shall suffice on all other hearings/
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0


1) Yes, Lawyer can file for Successsin Certificate if you supply him with all the relevant documents. Your personal attendance can be dispensed with at the time of filing th petition.

2) You will of course be required to get the Vakalat signed and sent to him/her to enable the filing of the petition.
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

It is better if you can send GPA in favour of any person living in India.  In turn that person will engage an Advocate for succession Certificate.  
Ravinder Pasula
Advocate, Hyderabad
397 Answers
96 Consultations

5.0 on 5.0

For applying for a succession certificate through a competent court you may have to file a case through your advocate.  Are there more than one successor?, if so, the other successor can apply for the said certificate by impleading you as a respondent, you can receive the summons and either can remain absent to st you exparte or can submit to the prayer made by the petitioner. 
Next method is you can give a power of attorney deed in favor of anyone closely associated to you or your friend or relative in India, by executing the same at your country itself and get it notarised by a  local notary or attested by an official of the Indian Embassy or High commission in that country, send it across, he will represent you in the court on your behalf through your advocate.
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

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