Succession Certificate in India - Process, Fees and Documents

Updated on May 06, 2025 02:36:56 PM

When a person passes away, transferring their assets (bank balances and securities) thus requires the appropriate legal documents. If a will is not created the process can get complicated. A Succession Certificate is where you need it. In the area of inheritance, the courts use such a document to give the legal heirs of their grant, the right to handle or inherit the assets of the deceased without any hassle. Understanding its importance helps in the hassle-free transfer of ownership, offering clarity and safeguarding the interests of everyone involved.

In this article, we will walk you through the whole process of the succession certificate from eligibility criteria to required documents. For Expert help Contact professional utilities today to make the process less complicated and easier.

What is Succession Certificate?

A Succession Certificate serves as proof of the entitlement of the legal heirs to manage the deceased person’s financial affairs, including bank balances, investments, and securities. It is an essential document in inheritance cases, where the deceased’s property needs to be managed or transferred. It certifies the rightful claim of heirs over the deceased’s assets and protects organizations or institutions (such as banks) from any legal liability when transferring these assets.

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Benefits of Obtaining a Succession Certificate

The succession certificate is crucial to manage a deceased person's estate, and ensuring a smooth transfer of assets to legal inheritors. It makes inheritance procedures easier and offers a variety of benefits for the rightful beneficiaries..Here are five advantages of this document which make it a must-have document for legal heirs.

  1. Legal Validation of Inheritance Rights: A succession certificate offers legally authenticated evidence of inheritance, preventing potential family disputes and providing the legal basis for the distribution of assets.
  2. Comprehensive Financial Asset Recovery: The certificate facilitates the an effortless transfer of financial assets including:
    • Access to bank accounts
    • Fixed deposit recovery
    • Investment transfer
    • Benefits from pensions and insurance
  3. Debt Settlement and Financial Clearance: Facilitates the resolution of financial obligations owed to the deceased safeguarding the legal institutions and heirs from possible legal issues.
  4. Institutional Recognition: Serves as official proof of inheritance, widely accepted by banks, government agencies and financial institutions. It is a way of which streamlines the process of transferring assets.
  5. Dispute Prevention: It provides a transparent, court-approved process to distribute assets, reducing inheritance-related disputes and protecting the rights of all legal inheritors.
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Application Process for Succession Certificate

To apply for a Succession Certificate, follow these steps

Step 1: Preparation and Verification of Petition

  • A detailed petition is to be prepared by the applicant and is to be addressed to the district judge.
  • The important information to be included in the petition is a statement of the name, date, and place of residence the relationship of the applicant to the deceased, and a listing of all legal heirs.
  • The information about the debts and securities information must also be given about those debts or securities.
  • The document should be appropriately signed, verified and supplemented by relevant documents such as death certificate, proof of relationship; identification; address proof, letter of affidavit disclosing the facts; if required NOC from other legal heirs.

Step 2: Filing in District Court

  • The petition has to be filed in the right District Court where the deceased expired, or where the deceased’s estate is located.
  • The court fee is a percentage of the asset value and must be paid and payment is received upon the petition.

Step 3: Inspection and Preliminary Hearing

  • The petition will be inspected and reviewed by the District Judge.
  • The judge will set a preliminary hearing if he is satisfied; he'll notify all interested parties.

Step 4: Objection Period

  • Any interested parties have 45 days to object to the issuance of a Succession Certificate.
  • If there are objections the court will give hearings on the same and settle them.

Step 5: Final Hearing and Certificate Issuance

  • The court will have a final hearing if there are no objections (or they are resolved) over.
  • The claims are assessed by the judge and, if it is satisfied, will issue the Succession Certificate to the applicant.

Step 6: Submission of Bond

  • The judge may require the applicant to provide a bond with one or more sureties or other security to safeguard against any potential misuse of the certificate.
  • This bond ensures compensation for any losses that may arise from improper use of the Succession Certificate.
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Documents Required for Succession Certificate

To apply for a Succession Certificate, you need to provide:

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Court Fees for Obtaining a Succession Certificate

You need to understand the cost of getting a Succession Certificate to plan effectively.Cost of Obtaining the Certificate:

Cost of Obtaining the Certificate:

Timeline for Obtaining a Succession Certificate

It is important to know how much time it takes to get a Succession Certificate.

Note: Professional fee for Succession Certificate in India starts from ₹25,000. The aforementioned fees are exclusive of GST

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Succession Certificate Petition Format

A Succession Certificate Petition Format should be prepared with care in accordance with legal rules so that it is accepted by the court. It typically includes details such as:

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Difference Between Succession Certificate and Legal Heir Certificate

Many people confuse Succession Certificates with Legal Heir Certificates. When choosing between the two, it is essential to consider the type of asset and the purpose of the documentation.

  • Legal Heir Certificate: Identifies the legitimate heirs of a deceased person but does not provide rights to manage or transfer assets. Typically used for family pensions or insurance claims.
  • Succession Certificate: Provides the authority to inherit and manage debts and securities.
Aspect Succession Certificate Legal Heir Certificate
Purpose Asset inheritance and management Establishing legal heirs
Authority Grants power to claim assets No authority to claim
Use Case Pensions, insurance Debts, securities

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Succession Certificate for Immovable Property

The certificate mainly applies to movable assets like bank deposits and securities. For Immovable Property, it may not always be necessary. Some states have specific rules that do not require a Succession Certificate for transferring immovable assets.

Succession Certificate Not Required for Immovable Property: In such cases, other legal documents may suffice for property transfer.

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Conclusion

A succession certificate is required for transferring and administering the deceased’s assets. In inheritance cases, knowing the difference between Legal Heir and Succession certificates is also essential. An eligible heir can procure a succession certificate by following the right procedure, which ensures that the right transfer of assets takes place.

For a seamless process, it is advisable to consult with legal experts of professional utilities who can guide you through the application and issuance stages and prepare you for any challenges that may arise.

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Frequently Asked Questions (FAQs)

What is a Succession Certificate?

The succession certificate is the official court document that would enable the legal heirs to take over, or rather inherit, the deceased person's estate, which would consist of a bank balance and all kinds of investments and securities. This ensures smooth ownership transfer and protects institutions, like banks, against potential legal disputes regarding the distribution of assets.

What is the purpose of succession certificate?

A certificate of succession will come into play when a movable property of a deceased person, debt, securities, or bank balances have to be transferred or dealt with, especially in instances when no will has been made.

How to get succession certificate?

For the issue of a Succession Certificate, one has to file a petition before the concerned District Court. The petitioning has to be done along with the essential documents such as the death certificate, proof of relationship, a list of legal heirs, and the details of the assets of the deceased. The court will conduct hearings, publish notifications, and issue the certificate after verification of all claims.

What is the cost of a Succession Certificate in India?

The fees to obtain a Succession Certificate generally include a court fee of approximately 3% of the value of assets being claimed, in addition to other charges levied over and above the filing and verification fees. Of course, it all depends on your state and how complex the case could be.

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Succession Certificate in Other States
Succession Certificate in Andhra PradeshSuccession Certificate in Arunachal PradeshSuccession Certificate in Assam
Succession Certificate in BiharSuccession Certificate in ChhattisgarhSuccession Certificate in Delhi
Succession Certificate in GoaSuccession Certificate in GujaratSuccession Certificate in Haryana
Succession Certificate in Himachal PradeshSuccession Certificate in Jammu and KashmirSuccession Certificate in Jharkhand
Succession Certificate in KarnatakaSuccession Certificate in KeralaSuccession Certificate in Ladakh
Succession Certificate in Madhya PradeshSuccession Certificate in MaharashtraSuccession Certificate in Manipur
Succession Certificate in MeghalayaSuccession Certificate in MizoramSuccession Certificate in Nagaland
Succession Certificate in OdishaSuccession Certificate in PunjabSuccession Certificate in Puducherry
Succession Certificate in RajasthanSuccession Certificate in SikkimSuccession Certificate in Tamil Nadu
Succession Certificate in TripuraSuccession Certificate in Uttar PradeshSuccession Certificate in West Bengal
Succession Certificate in UttarakhandSuccession Certificate in Daman and DiuSuccession Certificate in Telangana