When applying for a succession or legal heirship certificate, you must understand the legal limitations and challenges. While these certificates grant important rights, they do not resolve all legal matters. Property disputes, fraud, or disagreements among heirs can still arise.
This article highlights important legal aspects, focusing on limitation periods, property disputes, and the court’s role in revoking certificates. Understanding these points can help you navigate the process effectively.
No Limitation Period for Applying for Certificates
The Limitation Act, 1963 does not impose a fixed time limit for applying for succession or legal heirship certificates. You can apply at any time after the death of the person. This continuous right remains valid as long as the estate or trust exists.
In Ganpati Vinayak Awchal v. Unknown, 2014 (6) Mh.L.J. 683, the Bombay High Court confirmed this position. The court ruled that Article 137 of the Limitation Act does not apply to applications for heirship certificates. You may apply for a certificate even years after the person’s death.
However, you should avoid unnecessary delays. Courts may become suspicious of delayed applications. The longer the delay, the more likely it will raise questions about the claim. You must explain any delay to the court.
Obtaining Certificates Doesn’t Automatically Resolve Property Disputes
Getting a succession or heirship certificate does not resolve property disputes. These certificates give you the legal authority to manage or collect movable assets, such as debts and securities. But they do not determine the ownership of property.
For example, an heirship certificate only recognizes a person as the legal heir. It doesn’t confer ownership rights over the deceased’s property. In Aloysius Manuel D’Souza v. Mary Kamal William Manuel, 2006 (6) Bom CR 56, the Bombay High Court ruled that an heirship certificate does not finally settle ownership rights. If someone disputes ownership, they can file a separate suit.
If you believe a dispute may arise, prepare to defend your claim in court. The court may issue the certificate to one party but allow another to challenge the ownership later.
Courts Can Revoke or Suspend Certificates
Courts have the power to revoke or suspend a certificate. If the certificate was granted based on fraud or material misrepresentation, the court may cancel it. Also, the court can revoke the certificate if new facts or a better claim emerges.
For instance, if you hide important information during the application process, the court can take action. In Section 383 of the Indian Succession Act, the law allows courts to revoke or suspend certificates in these cases:
- The proceedings were defective.
- The certificate was obtained fraudulently.
- The certificate becomes inoperative due to new facts.
In Sharmila Das vs. State of Orissa, 1997 II OLR 534, the court ruled that failure to pay court fees renders the certificate inoperative. The court reinforced the legal obligation to follow procedures, including proper fee deposits.
Conclusion
While succession and heirship certificates provide legal rights, they do not offer complete solutions. These certificates don’t automatically resolve property disputes or ownership claims. Understanding the lack of limitation periods and preparing for potential challenges will help you manage the legal process more effectively.
Always be honest in your application and prepared for possible disputes. Courts have the power to revoke certificates if fraud or misrepresentation occurs. By knowing your rights and responsibilities, you can navigate the process smoothly and legally.
