Succession Certificate


A succession certificate is defined under the Indian Succession Act 1925, it refers to a certificate issued by the court to the legal heirs of a deceased person to validate the legal heirs and to allow them to inherit debt, securities, and other assets of the deceased person.

succession certificate

How to obtain Succession Certificate?

  1. The legal heir should file a petition in the competent court to obtain the succession certificate.
  2. The District Judge may grant a succession certificate, if the deceased person resided during the time of the death under the jurisdiction, or if a part of the property is under the jurisdiction.
  3. The petition shall contain the following; the name of the petitioner, relationship with the deceased person, time, date, place of death, and the name of all the legal heirs of the deceased person.   
  4. The death certificate of the deceased should be attached with the petition and any other document as per court instructions.
  5. The next step of the court is to scrutinize the petition, then issue notices to all concerned parties and in the newspaper and set forth a time frame of one and a half months. And if the court is satisfied and no one contests the notice, it shall pass an order to issue a succession certificate to the petitioner.

After issuing the succession certificate, the court shall specify the shares, securities, and debts outlined in the application for the certificate. The court may further authorize the beneficiary:

  • to receive the interests or dividends on the securities, or 
  • to negotiate or transfer securities.  

Procedure for Succession Certificate

The procedure to apply for Succession Certificate are as follows:

  • Draft a petition to apply for the succession certificate.
  • Submit the petition along with court fees to the district judge of appropriate jurisdiction.
  • The District judge will inspect the petition.
  • The date of hearing will be set and notice will be served to whomsoever the court decides.
  • All concerned parties will be heard and then the court may decide whether to grant the application or not.
  • Lastly, the applicant needs to submit a bond with one or more sureties or security to the Judge.

Documents required for Succession Certificate

  • Death certificate. 
  • Pan Card of all the legal heirs. 
  • Address Proof of all the legal heirs. 
  • Prescribed application form by affixing a court fee stamp.

Conclusion

The process of succession certificate is no easy task and requires a knowledgeable attorney. We at ELT Consultants provide service to obtain succession certificates and have the best succession certificate lawyers in India.

FAQs

A succession certificate shall include the following details: 

  • Details of the deceased person, 
  • Details of the legal heirs, 
  • The relationship between the deceased person and his/her heir, 
  • A list of debts and assets and grant of authority, 
  • The details of the death of the deceased and a declaration of an intestate death.

The court issues public notice in a newspaper for 45 days, if any person has an objection shall file an application. However, if the court does not receive any objection it shall issue a Succession Certificate. It shall take about 5-7 months.     

A Succession Certificate is a proof of succession issued by the court.

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