Succession Certificates: Why Everything People Know about Them is Probably Wrong & Why that May be a Good Thing

We all know what succession certificates are, or at least we think we do. The words ‘succession certificate’ brings to mind a document in nature of probate or letters of administration. Therefore, on the death of a member of a co-operative housing society, the society will usually require legal heirs to obtain a succession certificate, before entering their names as members of the society. Even statutory bodies like MIDC or CIDCO also follow the same practice. Even companies at the time of transmission of shares request legal heirs to produce a succession certificate before entering their names in the company’s register.

Shia Laws of Inheritance - Clases and Sharers

In respect of Shia Laws of Inheritance only the first marriage is considered to be valid.

Shia law divides legal heirs into two groups:-

(1) Heirs by consanguity and (2) Heirs by marriage.

The second group includes husband or wife. The first group can be further sub divided into three basic classes:-

SC: Execution of Will excluding certain Legal Heirs does not render it Invalid

 (Also read on Validity of Unregistered Wills and How to make a WIll.)

The Hon’ble Supreme Court, (Division Bench of Mr. Justice G.S. Singhvi and Mr. Justice Sudhansu Jyoti Mukhopadhaya) in the case of Mahesh Kumar (D) By Lrs. vs Vinod Kumar & Ors  (read entire judgement here.) has held that that active participation of the propounder / beneficiary in the execution of the Will or exclusion of the natural heirs cannot lead to an inference that the Will was not genuine. 

The Hon’ble Supreme Court set aside a judgement of the Madhya Pradesh High Court which disbelieved the validity of a will executed by one Shri Harishankar to the exclusion of two of his sons.

The D.B. observed that: