Everything You Should Know About the Succession Certificate Procedure

When a person passes away, their assets—such as bank deposits, insurance, shares, or other investments—need to be transferred to their rightful heirs. However, financial institutions require legal proof before releasing such assets. This is where a succession certificate becomes essential.

A succession certificate is a legal document issued by a competent civil court to the legal heirs of a deceased person who has not left a valid will. It authorizes the holder to collect debts and securities owed to the deceased and ensures that the rightful heirs can manage or claim the estate smoothly.

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1. What Is a Succession Certificate?

A succession certificate is granted under the Indian Succession Act, 1925. It serves as legal evidence that entitles the holder to represent the deceased person for the purpose of collecting debts and securities.

In simple terms, this certificate acts as official permission from the court to access movable assets such as:

• Bank balances or fixed deposits
• Provident fund or gratuity claims
• Insurance policies
• Bonds, debentures, or shares
• Any other form of investment

It does not automatically transfer ownership of the property but authorizes collection and management of assets on behalf of all legal heirs.

2. When Is a Succession Certificate Required?

You need a succession certificate when the deceased person dies intestate—meaning without leaving a valid will. In such cases, the certificate is necessary for:

• Claiming bank deposits and savings
• Releasing or transferring insurance amounts
• Recovering investments in shares, bonds, or mutual funds
• Settling debts or securities in the deceased’s name

If the deceased left a will, the probate of the will (not a succession certificate) is generally required to validate and execute the will.

3. Who Can Apply for a Succession Certificate?

The legal heirs of the deceased person can apply for the succession certificate. This includes:

• Spouse (husband or wife)
• Children (sons and daughters)
• Parents (father or mother)
• Siblings or other relatives (if immediate heirs are not alive)

In case there are multiple legal heirs, one person may apply on behalf of all with the consent of the others.

4. Jurisdiction – Where to Apply

The petition for a succession certificate must be filed in the district court or civil court within whose jurisdiction:

• The deceased person resided permanently at the time of death, or
• The deceased’s property or assets are located

For example, if the deceased lived in Delhi, the petition should be filed before the District Court of Delhi.

5. Step-by-Step Procedure for Obtaining a Succession Certificate

Here’s a detailed breakdown of the succession certificate procedure in India:

Step 1: Prepare the Petition

The legal heir (applicant) must prepare a petition containing the following details:

• Name and address of the applicant
• Details of the deceased (name, date of death, last residence)
• Relationship between the applicant and the deceased
• List of all surviving legal heirs
• Description of the debts and securities for which the certificate is sought
• Statement confirming that the deceased died intestate

Step 2: File the Petition in Court

The petition, along with supporting documents (such as death certificate and ID proofs), must be filed in the appropriate district court under Section 372 of the Indian Succession Act, 1925.

Step 3: Court Issues Notice

The court will issue a public notice in a local newspaper inviting objections from the general public. Usually, 45 days is provided for any objections to be raised.

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Step 4: Hearing of the Petition

If no objections are received within the prescribed time, the court will conduct a hearing. The petitioner may need to provide evidence or witnesses to establish the legitimacy of their claim.

Step 5: Court’s Verification

The court verifies all documents, relationships, and assets mentioned in the petition. If satisfied, it proceeds to issue the succession certificate.

Step 6: Payment of Court Fees

The applicant is required to pay a court fee, which varies by state and is usually calculated as a small percentage of the value of the estate.

Step 7: Issuance of the Succession Certificate

Once the court is satisfied and the fee is paid, the succession certificate is issued to the applicant. The certificate lists all the debts, securities, and assets covered under it.

6. Documents Required for a Succession Certificate

To apply for a succession certificate, you generally need to submit the following documents:

• Death certificate of the deceased
• Identity proof and address proof of the applicant
• Proof of relationship with the deceased (such as birth or marriage certificate)
• List of legal heirs with consent letters (if applicable)
• Details of debts, securities, and assets
• No-objection certificate (NOC) from other legal heirs, if required
• Court fee as per state regulations

7. Time Frame and Validity

The entire process typically takes 3 to 6 months, depending on the complexity of the case and court workload. The certificate remains valid indefinitely, unless revoked by a higher authority due to fraudulent claims or misrepresentation.

8. Rights and Limitations of a Succession Certificate

Rights:

• Authority to collect debts and securities of the deceased
• Legal representation before financial institutions
• Ability to transfer or encash movable assets

Limitations:

• Does not cover immovable property (like land or buildings)
• Does not establish ownership—only authorizes collection
• Can be challenged in court if other heirs dispute the claim

Difference Between Succession Certificate and Legal Heir Certificate

While both documents relate to inheritance and the rights of surviving family members, a succession certificate and a legal heir certificate serve different purposes and are issued by different authorities.

A succession certificate is granted by a civil court and is required for claiming movable assets such as bank deposits, shares, bonds, or insurance when a person dies intestate (without leaving a will). It holds higher legal authority and is essential for financial claims or asset transfers, typically taking 3 to 6 months to obtain.

On the other hand, a legal heir certificate is issued by the local revenue authority or municipality to simply identify the legal heirs of the deceased. It serves as a basic proof of relationship and is mainly used for purposes such as claiming pension, insurance benefits, or family settlements. The process is quicker, usually completed within 15 to 30 days, but it is not valid for transferring ownership of financial assets or securities.

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Conclusion

A succession certificate is an important legal document that simplifies the process of claiming a deceased person’s financial assets. It ensures that the rightful heirs can access funds without unnecessary delays or disputes. Although the process may seem complex, proper documentation and legal guidance make it straightforward and transparent.

If you’re facing challenges in obtaining a succession certificate, consulting a qualified legal professional can save time, prevent errors, and ensure a smooth resolution.

Frequently Asked Questions (FAQ)

1. What is the purpose of a succession certificate?

It serves as legal proof that allows the heirs of a deceased person to claim debts, securities, or financial assets in their name when no will is present.

2. How long does it take to obtain a succession certificate?

On average, the process takes around 3 to 6 months, depending on court procedures and any objections raised.

3. Can a succession certificate be challenged?

Yes, other legal heirs or interested parties can contest the certificate if they believe it was obtained fraudulently or without proper notice.

4. Is a lawyer required to apply for a succession certificate?

While it’s not mandatory, engaging a lawyer helps ensure accurate preparation of documents and efficient handling of court procedures.

5. What if the deceased left a will?

If a valid will exists, you must apply for probate of the will instead of a succession certificate.

6. Does the certificate cover immovable property?

No. A succession certificate applies only to movable assets, such as money, shares, or investments—not to land or buildings.