Uttradhikari Praman Patra: What is a Succession Certificate and When it is Needed?

Uttradhikari Praman Patra is also called a Succession Certificate. You are required to include the nominee’s name on the form when you open a bank account or make an investment in a plan. This is because the nominee has the authority to take the money that was deposited into the account holder’s account in the event that the account holder passes away for whatever reason. 

However, the nominee’s name is frequently omitted. In this case, the successor has the authority to take the money out. However, the successor must go through a lengthy process in order to get a Uttradhikari Praman Patra. Are you aware of what a Uttradhikari Praman Patra is and how it is created?

What is Uttradhikari Praman Patra?

A Uttradhikari Praman Patra is typically the main document that the heirs can use to claim the deceased’s assets in the event that there is no will. Since they are usually in charge of issuing them, one must apply to a magistrate or a high court in order to receive a Uttradhikari Praman Patra.

This certificate does not grant any ownership rights to the claimed property, but it does permit the successor or successors to collect the deceased’s obligations and securities. This is due to the fact that the certificate does not establish the deceased person’s title, right, or interest in a specific piece of property or the entire property. Nonetheless, the property of an intestate deceased individual is entitled to be inherited by the successor or successors. For immovable property, additional documents, such as a gift deed, may be required. 

Letter of Succession

The heirs of a piece of property or financial assets must establish their claims to them in the absence of a will or nomination. In certain situations, an heir may be required to present the letter of administration or the Uttradhikari Praman Patra, depending on the asset.

A civil court issues a Uttradhikari Praman Patra to a deceased person’s heirs. The court may award an Uttradhikari Praman Patra to realize the deceased’s debts and securities if they pass away without leaving a will. It proves the heirs’ legitimacy and grants them the power to inherit debts and have securities and other assets transferred into their names. It is granted in accordance with the relevant inheritance rules once a beneficiary applies to a court with the necessary authority. Although it’s not usually enough, a Uttradhikari Praman Patra is required to release the deceased’s assets. These will require no-objection certificates, a letter of administration, and a death certificate.

The Uttradhikari Praman Patra is necessary for movable assets such as bank deposits, shares, loans, provident funds, and other securities. One must present the letter of administration to substantiate their claim for immovable property, such as jewellery or land. There is a provision for the nominee in the event of shares, bank accounts, and provident funds. However, the Uttradhikari Praman Patra may be requested by the court in the event of a dispute. In a similar vein, the financial institution may request that the claimant present the Uttradhikari Praman Patra if the sum involved is substantial or if it has reason to suspect that the claimant is not authentic.

The legal heirship certificate, which is simpler to get than the Uttradhikari Praman Patra, may occasionally be requested by the bank or other financial institution. The distinction is that a Uttradhikari Praman Patra is produced to verify the legitimacy of the heirs and grant them the right to inherit the assets, while a legal heirship certificate is issued to identify the deceased’s live heirs.

How to Obtain a Uttradhikari Praman Patra 

When someone dies without leaving a will and has debts or securities that need to be transmitted, the Indian courts grant their legal heirs an Uttradhikari Praman Patra. With the use of this certificate, the holder can transfer securities or pay off debts without having to identify the legitimate heir who is entitled to them.

By guaranteeing that any payments made to or transactions carried out in good faith with a person who possesses the certificate are regarded as legitimate, this certificate also protects all individuals who are responsible for such securities or who owe such debts.  

As a result, before paying off the deceased’s obligations or securities in favour of the person claiming them, many businesses and individuals need a Uttradhikari Praman Patra.

A petition must be submitted to the District Judge of the jurisdiction where the deceased individual lived at the time of their death in order to acquire a Uttradhikari Praman Patra. 

The petition must be submitted to the District Judge of the jurisdiction where any portion of the deceased person’s property may be located if they did not have a fixed place of abode at the time of their death.  

How to apply for a Uttradhikari Praman Patra?

1. Petition:

• The civil court of competent jurisdiction must receive a properly signed and confirmed application.
• The petition must include information such as the petitioner’s name, the names of the deceased’s legal heirs, the petitioner’s relationship to the deceased, the petitioner’s rights, the residences of the deceased’s family members, the details of the deceased’s death, the death certificate, and the debts and securities for which a Uttradhikari Praman Patra must be obtained. 

2. Fee

A certain sum is assessed as a court charge for this procedure in accordance with Schedule II of the Court Fees Act, 1870. States may have different stamp duty rates. 

3. Process

The court publishes a 45-day newspaper notice. Anyone who has issues with it can submit an objection. The court issues a Uttradhikari Praman Patra in the absence of any objections. It takes five to seven months to complete this process.

Uttradhikari Praman Patra for Property 

A Uttradhikari Praman Patra, which recognizes a legitimate person as the heir of a deceased person, is issued by a competent civil court. This document gives the successor or successors the right to pursue any unpaid debts or securities that are owed to the deceased. 

However, since it does not establish the deceased person’s right, title, or interest to a specific piece of property or the entire estate, it does not confer the right to claim their belongings. However, an intestate person’s property or properties may be inherited by their successor or successors.

The entire estate under a lawfully executed will belongs to the executor, and a Uttradhikari Praman Patra cannot be issued in such cases, as stated in Section 370 of the Indian Succession Act. According to Section 371 of the aforementioned Act, the District Court, whose jurisdiction the dead person typically resided in, is the appropriate court to issue such a certificate.

For Movable Properties 

One important document that the court issues to enable the heirs of a deceased person to claim their movable assets is a Uttradhikari Praman Patra. Getting the right guidance is crucial while creating and utilizing this certificate. This certificate, which is applied to movable assets like bank deposits and fixed deposits, is usually required before banks release monies or FDs.

The Civil Court may issue a Uttradhikari Praman Patra to release a person’s debts and securities in the event that they pass away intestate, meaning they left no will. The heirs’ legitimacy is established by this certificate, which also grants them the power to transfer deposits and other assets into their names.  

This Uttradhikari Praman Patra is granted by the applicable inheritance laws in response to an application submitted by the beneficiaries to the appropriate court.

To inherit assets or have them transferred into their name, a beneficiary must first apply for a Uttradhikari Praman Patra at the same court in the jurisdiction where the deceased lived. The petitioner is verified by this document, which also gives them permission to have the assets transferred into their name. Nonetheless, the recipient bears the obligation and accountability to uphold any debt or security pertaining to that specific property. Every time a receiver applies to a court with the necessary authority, the document is issued in accordance with the applicable inheritance rules.  

For Immovable Properties 

In this case, we come across circumstances in which legitimate heirs assert a claim to the possession and ownership of a property. The Law of Natural Succession, which states that class I legal heirs inherit property, or a will might serve as the basis for a methodical transfer of property titles. 

Through a partition or a gift deed, a transfer can even take place while the individual is still living. The individual obtains full ownership control after the transfer procedures are finished, and our company can help with related services including acquiring documentation and, if necessary, easing future transactions.

A Uttradhikari Praman Patra might be required, for example, if an overseas national feels they have a claim to a plot of property but a parent, uncle, or aunt passed away without leaving a will, necessitating the acquisition of the required paperwork to support their claim. 

Rules dictate how the deceased’s assets are distributed to their heirs, but obtaining legal heir certificates can be difficult for some people, necessitating the right kind of guidance.

The time of the deceased’s death or a death certificate as proof, the deceased’s residence, the deceased’s family and other kin and their residential addresses, proof of the applicant’s right or ability to be named the successor, adequate proof that the asset does not fall under restrictive cases, and full details of any debt or security attached to the property are usually required when applying for a Uttradhikari Praman Patra. 

Difference Between Uttradhikari Praman Patra & Legal Heir Certificate

• The functions of the Uttradhikari Praman Patra and the Legal Heir Certificate are distinct. A Uttradhikari Praman Patra can be obtained by the deceased person’s direct legal heir, such as a spouse, child, or parent, for a variety of purposes, including filing tax returns, transferring utility connections, and paying property taxes and bank accounts.
• A Legal Heir Certificate is necessary in order to receive family pensions or appointments on compassionate grounds if the deceased was a government employee. Transferring both immovable and mobile assets requires it as well.
• According to a number of property laws, the majority of which are governed by the Indian Succession Act, the Hindu Succession Act, or communal statutes, a Uttradhikari Praman Patra is required in order to inherit any movable or immovable property. 

• While the court grants Uttradhikari Praman Patras to legal heirs, the district’s Tahsildar issues Legal Heir certificates to identify the deceased’s live heirs.
• While the son, daughter, spouse, or parents of the dead can receive a Legal Heir Certificate, only the legal heir may file for a Uttradhikari Praman Patra.
• The deceased’s death certificate, the location and time of death, and the names and relationships of all legal heirs are among the documents needed to get a Uttradhikari Praman Patra. The authentic death certificate, identity card, ration card, and an affidavit worth Rs. 20 on stamp paper are required for a Legal Heir Certificate.  
• A Uttradhikari Praman Patra costs 3% of the property’s total value, while a Legal Heir Certificate costs Rs. 2 for a stamp and Rs. 20 for an affidavit stamp paper. After 45 days of newspaper notice, anyone can object; if no objections are raised, the court will issue the certificate, which may take five to seven months. A Legal Heir Certificate can be issued in 15 to 30 days.
• Transferring or owning property, paying off debts or securities, or collecting debts or securities on behalf of a deceased individual all require a Uttradhikari Praman Patra. Gratuities, pensions, insurance, Provident Fund (PF), retirement claims, and other comparable uses are all covered by the Legal Heir Certificate.  

How much time should it take to get the court’s Uttradhikari Praman Patra?

Typically, you should receive your Uttradhikari Praman Patra three to four months after the date of submission.

Does the Court have jurisdiction to grant a Uttradhikari Praman Patra?

A certificate may be granted by the District Judge whose jurisdiction the dead typically resided at the time of his death, or if he had no fixed abode at the time, by the District Judge whose jurisdiction any portion of the deceased’s property may be found.

Restrictions on Uttradhikari Praman Patras

You are authorized to distribute the assets to the legitimate heirs in accordance with succession regulations after you receive the certificate. The majority of people mistakenly believe that if a Uttradhikari Praman Patra is received, the individual is the legitimate owner of the deceased’s assets. With a Uttradhikari Praman Patra, the individual can behave in the same way as a nominee. It grants the bearer the power to divide the assets of the departed.

Limitations on Uttradhikari Praman Patra

To guarantee that the petitioner of a Uttradhikari Praman Patra would account for the debts and securities obtained and compensate any individuals entitled to a portion of them, the court may in some circumstances ask the petitioner to produce a bond with one or more sureties or any other security. 

Validity of Uttradhikari Praman Patra

In India, a Uttradhikari Praman Patra is accepted everywhere. Let’s say, though, that an authorized Indian representative issues it abroad. To have the same impact as a certificate issued in India, it must be stamped in compliance with the Court Fees Act 1870. Depending on the applicable law, such as the Indian Succession Act, the Hindu Succession Act, or communal statutes, different rules control the inheritance of both movable and immovable property in India. 

Frequently Asked Questions on Uttradhikari Praman Patra

Q1. What is Uttradhikari Praman Patra, and why is it required?

Ans1. Uttradhikari Praman Patra, also known as a Succession Certificate, is a legal document issued by a civil court that allows the legal heirs of a deceased person to claim their debts and securities. It is required when there is no nominee or will and serves as proof of the heirs’ legitimacy to inherit the deceased’s assets.

Q2. How can I apply for a Uttradhikari Praman Patra in India?

Ans2. To apply for a Uttradhikari Praman Patra, you need to submit a petition to the District Judge in the jurisdiction where the deceased resided. The petition must include details such as the legal heirs’ names, relationship to the deceased, death certificate, and asset details. The court will then issue a public notice for objections before granting the certificate.

Q3. How long does it take to obtain a Uttradhikari Praman Patra?

Ans3. The process of obtaining a Uttradhikari Praman Patra generally takes 5 to 7 months. This includes a 45-day public notice period, during which objections can be raised, followed by verification and approval by the court.

Q4. What is the difference between a Uttradhikari Praman Patra and a Legal Heir Certificate?

Ans4. A Uttradhikari Praman Patra is issued by a civil court and is required for claiming bank deposits, shares, loans, and other movable assets. A Legal Heir Certificate, issued by the Tahsildar, is mainly used for pension claims, property tax transfers, and government benefits. The legal heir certificate is easier and quicker to obtain than a succession certificate.

Q5. Is a Uttradhikari Praman Patra required for immovable property like land or a house?

Ans5. No, a Uttradhikari Praman Patra is primarily for movable assets like bank deposits and shares. To claim immovable property, a Legal Heir Certificate or a Letter of Administration is usually required.

Q6. What are the fees for obtaining a Uttradhikari Praman Patra?

Ans6. The fee for a Uttradhikari Praman Patra varies by state and is typically 3% of the asset’s value as per the Court Fees Act, 1870. Additional costs include legal fees, newspaper publication charges, and stamp duties.

Q7. Can a nominee claim assets without a Uttradhikari Praman Patra?

Ans7. Yes, a nominee can claim assets such as bank accounts, provident funds, and shares without a Uttradhikari Praman Patra. However, if there is a dispute among heirs, or if the financial institution requires additional proof, the court may still demand a succession certificate.

Q8. What happens if someone challenges the issuance of a Uttradhikari Praman Patra?

Ans8. If an objection is raised during the 45-day public notice period, the court will conduct a hearing and verify the claims of both parties. The certificate will only be issued once the court is satisfied with the legitimacy of the claimants.

Q9. Can a Uttradhikari Praman Patra be used for property disputes?

Ans9. No, a Uttradhikari Praman Patra does not establish ownership of property. It only allows the holder to collect debts and securities. For property disputes, a Title Deed, Legal Heir Certificate, or Will is required.

Q10. What documents are required to apply for a Uttradhikari Praman Patra?

Ans10. The key documents required for a Uttradhikari Praman Patra application include:

• Death certificate of the deceased
• Proof of relationship with the deceased (e.g., family records)
• Details of the deceased’s assets (bank statements, investments)
• Government-issued ID proofs of the legal heirs
• No-objection certificates (NOCs) from other heirs (if applicable)

Q11. What is Sambandh Praman Patra?

Ans11. संबंध प्रमाण पत्र, किसी व्यक्ति के रिश्ते को साबित करने वाला कानूनी दस्तावेज़ होता है. यह प्रमाण पत्र, किसी व्यक्ति के परिवार के सदस्य होने का सबूत देता है. संबंध प्रमाण पत्र, कई तरह के होते हैं, जैसे कि- आश्रित प्रमाण पत्र, परिवार सदस्य प्रमाण पत्र, रिलेशनशिप सर्टिफ़िकेट, वारिस प्रमाण पत्र, और कानूनी उत्तराधिकारी प्रमाण पत्र. 

Q12. What is Uttaradhikar Praman Patra in Hindi?

Ans12. Uttaraधिकार प्रमाण पत्र (Succession Certificate) एक ऐसा दस्तावेज़ होता है जो किसी व्यक्ति की मृत्यु के बाद उसके कानूनी उत्तराधिकारियों को दिया जाता है. यह प्रमाण पत्र, मृत व्यक्ति की चल संपत्ति के संबंध में जारी किया जाता है.