Succession Certificate in Sikkim | Process, Fees, Documents

Updated on October 18, 2025 10:52:49 AM

In Sikkim, situation can be difficult to deal with the financial affairs of a person who died without leaving a will. Because of this, the need for a Succession Certificate in Sikkim is mandatory. The succession certificate can be described as a form of document that is issued by a court, which gives the rightful heirs authority to claim and manage the financial assets of the deceased and to ensure the smooth transfer of ownership. It prevents disputes and safeguards the rights of all parties concerned.

In this article, we will explain how to apply for a Succession Certificate in Sikkim step-by-step, the eligibility requirements, and the required documents. Legal experts from Professional Utilities offer licensed expertise to ensure a smooth experience so that the process is pleasant and simple.

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 in Sikkim.
• Succession Certificate: Provides the authority to inherit and manage debts and securities.

To apply for a Succession Certificate in Sikkim, it is essential to submit all the documents required for succession certificate. Here are given the list of documents you must provide:-

• Death Certificate of the Deceased: A valid death certificate is issued by the relevant government authority to confirm the death.This is sent by the responsible government authority and is signed to indicate death.
• Proof of Relationship: Documents such as a birth certificate, marriage certificate, or other records proving the applicant’s relationship with the deceased.
• Legal Heir Certificate: Lists all legal heirs to establish the rightful claimants to the deceased’s assets.
• Identity Proof of the Applicant: Documents like Aadhar Card, Voter ID, Passport, or Driving License for verifying the applicant’s identity.
• Residential Address Proof of the Deceased: Voter ID, Driving License, or Bank Passbook of the deceased to establish jurisdiction.
• Affidavit: An affidavit attesting to the truthfulness of the claims and the applicant’s legal standing as an heir.
• No Objection Certificate (NOC): From other legal heirs, if applicable, stating they have no objection to the issuance of the certificate to the applicant.
• Details of the Deceased’s Assets: Information about the deceased’s assets, such as bank balances and securities, for a clear understanding of the claims.
• Copy of the Petition: The petition submitted to the district court, certified copy thereof, containing such essential data as the date and place of death, last known address of the deceased, and the rights and claims of the petitioner.
• Court Fee Receipt: A receipt for payment of court fees, generally a percentage of the value of the assets claimed.

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

Cost of Obtaining the Certificate:

• The fees for a Succession Certificate depend upon the value of the assets being claimed.
• In Sikkim, the court fee is usually worked out as a percentage of the total asset value (which is usually about 3 percent of the value of the property).
• Filing fees, verification fees, and legal service costs may also be added.
• These are generally paid with judicial stamp papers when the petition is submitted.

Timeline for Obtaining a Succession Certificate

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

• The time period for which a Succession Certificate is issued is 3 to 12 months.
• The timeline is dependent on the complexity of the inheritance and the number of heirs that might be involved, and the efficiency of the court proceedings.
• If there are objections raised during the public notice period the duration may be extended.

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

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:

• Name of the deceased
• List of heirs
• Description of assets
• Claims made by the applicant

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.