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Succession Certificate: Meaning, Procedure & Required Documents

  • A Succession Certificate in India is a court-issued document granting heirs the authority to collect debts, securities, and movable assets of a person who died intestate (without a Will).
  • It is issued by a District Judge after verifying the applicant’s relationship and eligibility under the Indian Succession Act.
  • Mandatory for transferring bank balances, shares, insurance proceeds, and certain other assets when no Will exists.
  • Requires court petition, public notice, hearings, and payment of court fees before issuance.
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Introduction

What is Succession Certificate?

Eligibility

Documents

Process

Validity

Why Choose Diligence Certificaions?

Introduction

In 2023, I met a client from Pune — a widowed daughter whose father passed away without leaving a Will.
 Her father’s bank accounts held substantial savings, but the bank refused to release funds without a succession certificate.
 Like many families, she assumed a simple death certificate and ration card would be enough.
 It wasn’t.

The legal reality in India is that financial institutions will not hand over certain assets without court-authorised proof of succession.
 That proof is the Succession Certificate.
 In my 15+ years of legal practice, I’ve seen it save families from months of disputes — and in some cases, prevent fraud.

What is Succession Certificate?

A Succession Certificate in India is a court-issued document that allows the legal heirs of a deceased person (who left no Will) to inherit and manage their movable property — including bank deposits, insurance claims, shares, bonds, and other securities.

It:

  • Authorises heirs to collect debts and securities in the deceased’s name.
  • Obligates heirs to settle any liabilities tied to those assets.
  • Lists all eligible successors, assets, and liabilities.

Issued by the civil court with jurisdiction over the deceased’s residence (or property location), this process falls under intestate succession — meaning the property is distributed according to succession laws rather than a Will.

Before issuing the certificate, the court conducts public notice and verification to ensure the applicant is the rightful successor.

Eligibility for a Succession Certificate

Under Indian law, the following persons are eligible to apply:

  1. Spouse of the deceased.
  2. Children (including adopted children).
  3. Parents of the deceased.
  4. Siblings (if no closer heirs exist).

Even if there is only one heir, the court still requires the formal process to avoid future disputes.

Documents Required for Succession Certificate

To avoid delays, keep these ready:

  • Affidavit with self-undertaking.
  • Proof of identity (Aadhaar, Passport, PAN).
  • Address proof of all legal heirs.
  • Date of birth proof of heirs.
  • Death certificate of the deceased.
  • Death certificate of any deceased legal heir (if applicable).
  • Residence proof of the deceased.

Procedure to Get a Succession Certificate in India

Step 1 – Filing the Petition

  • Pay the prescribed court fee as per your state’s rules.
  • Draft a petition to the District Judge and sign it.
  • Include all details of heirs, assets, and liabilities.

Step 2 – Preliminary Hearing & Public Notice

  • Court conducts an initial hearing.
  • If satisfied, it orders a public notice in newspapers, inviting objections within a fixed period (usually 45 days).

Step 3 – Grant of Certificate

  • If no objections arise, the court verifies the claim and issues the certificate.

Step 4 – Security Bond Submission

Applicant provides surety/bond to protect against misuse or potential loss.
Succession Certificate

Succession Certificate Cost in India

  • Court Fee: A percentage of asset value, paid via judicial stamp papers.
  • Varies by state — for example, Maharashtra levies 3% on the value of the property mentioned in the certificate.
  • Also includes lawyer fees if you hire representation.

Particulars of the Petition

Every petition must include:

  • Time and date of death.
  • Last residence of the deceased or property location.
  • Addresses of all interested relatives.
  • Applicant’s rights as successor.
  • Statement confirming no legal bar exists.
  • Details of debts/securities.

Validity of a Succession Certificate

A succession certificate issued by an Indian court is valid throughout the entire country.
 If such a certificate is granted abroad by an Indian representative (such as a consular officer or diplomatic mission), it will carry the same legal weight in India — provided it is duly stamped in accordance with the Court Fees Act, 1870.

In practice, this means:

  • You can enforce the certificate anywhere in India without reapplying in different states.
  • If the certificate originates overseas, you must ensure compliance with Indian stamping requirements before it can be acted upon domestically.

The governing law depends on the religion and personal laws of the deceased:

  • Hindus, Sikhs, Jains, Buddhists – Governed by the Hindu Succession Act, 1956.

Others – Governed primarily by the Indian Succession Act, 1925, unless special community-specific provisions apply.

Restrictions on Issuance

Courts may place conditions on granting a succession certificate to safeguard against misuse.
 A common safeguard is the requirement for the applicant to submit a bond with sureties — guaranteeing that:

  • The assets will be used only for their intended lawful purpose.
  • Any debts or liabilities of the deceased will be duly settled.
  • No wrongful transfer or dissipation of funds will occur.

Revocation of a Succession Certificate

Under Section 383 of the Indian Succession Act, 1925, a succession certificate can be revoked on the following grounds:

  1. Defective process – If the procedure followed in obtaining the certificate was flawed.
  2. Fraud or misrepresentation – If false statements, forged documents, or concealment of facts were involved.
  3. Becoming inoperative – If circumstances arise that render the certificate useless or unenforceable.
  4. Court decree – If a competent court handling the debts or securities of the deceased passes an order or decree revoking it.

Right to Appeal

If a District Judge refuses to grant a succession certificate or revokes an existing one, the aggrieved party may file an appeal to the jurisdictional High Court.
 The High Court can either uphold the lower court’s decision or direct the certificate to be granted/restored.

Difference: Succession Certificate vs Legal Heir Certificate

Aspect

Succession Certificate

Legal Heir Certificate

Purpose

Transfer movable assets, debts, securities.

Pension, insurance, government benefits, certain property claims.

Issued by

District Judge (Civil Court)

Tehsildar / Revenue Authority

Applicants

Any legal heir

Only spouse, children, or parents

Scope

Authorises debt/securities transfer

Establishes relationship for benefit claims

Why Choose Diligence Certifications for Your Succession Certificate Process?

So why do families across India select us?

  • Expert Legal Guidance – Our panel of advocates has years of experience navigating the Indian Succession Act, 1925 and related personal laws.
  • Complete Assistance – By taking care of the entire process (e.g. petition drafting, informing the court, getting public notice, and obtaining the final certificate), we manage everything necessary to obtain a succession certificate.
  • Compliant with State Requirements – Each state has different court fee structures, filing processes and notice periods – Diligence Certifications understands that depending on your jurisdiction, prompting delays in getting succession certificates is unacceptable, and we’ll customize the process.
  • Fast and Efficient Processing – Diligence Certifications will persistently bliss for entries and affect changes to their record regarding the status of our client’s succession certificate application to reduce unnecessary adjournments.
  • Clear Process & Fees – We offer a clear breakdown of the government’s fees, Diligence Certifications charges, and miscellaneous costs – there are no hidden fees at Diligence Certifications!
  • Our Clients Come from All Over the Country and Even Abroad – Whether clients are in Delhi, Chennai, or closer to land – Diligence Certifications can work with them and ensure they’re assisted in a timely manner with respect to their Succession Certificate formalities.
  • Our Promise – “We handle the paperwork and court procedures, so you can focus on your family and peace of mind

Contact Our Experts

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Frequently Asked Questions

A succession certificate is a legal document issued by a court that permits legal heirs to collect debts and securities (investments) of a deceased person who has died intestate, i.e., without a Will.

In order to get a succession certificate you have to file a petition before the District Judge of the competent jurisdiction where the deceased person resided at the time of death or where the property is located. The petition must contain the prescribed particulars, and if required the heirs can post public notice. 

A succession certificate is not compulsory for all inheritances, however if the legal heirs are going to claim or transfer debts, securities, bank balances etc. in the absence of a Will then it is required.

The cost of obtaining a Succession Certificate varies depending on the overall value of the assets in the estate because the court fees are assessed as a percentage of the overall value. 

In some states, and some High Courts in India, there is a partial filing facility which allows for the petition to be filed online. However, you have to attend a personal hearing and personal verification in front of the court is required. 

A legal heir certificate, probated Will or letter of administration can substitute a Succession Certificate, but the Succession Certificate is generally seen as the most recognized legal proof in the case of movable assets like securities and debts.

A legal heir certificate confirms a deceased's surviving family members for claim purposes (eg pension) with certain economic rights conferred. A succession certificate gives the heirs the legal right to realise the asset's with some focus on property.

Yes. Any affected person may challenge its validity during the window of the objection period following public notice, or later by way of a Petition for revocation under Section 383 of the Indian Succession Act relating to fraud and misrepresentation.

Once granted they are deemed perpetual unless extinguished, revoked, or withdrawn by a competent court. They would usually apply to all of India, and even if granted by a court outside India and specifically stamped in accordance with the Court Fees Act, 1870.

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