Succession Certificate and How to Get It?

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Last Updated on January 5, 2026 by Satish Mishra

A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased. In the case of Muthia vs Ramnatham, it was held that the privilege of certificate gives to the grantee a right to recover the debt due to the deceased person, and payment to the grantee is a good release of the debt.”

 

Also Read- LEGAL HEIR CERTIFICATE IN CHANDIGARH

It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. In the absence of a will, if there is no heir amongst the account owners and a no nomination had been prepared by the holder (s), a succession certificate is the primary certificate through which the heirs can stake a claim to the assets of a deceased relative.

Also Read- HOW TO PROBATE A WILL IN CHANDIGARH PANCHKULA MOHALI

 

A Succession certificate is issued by the government, usually to establish a relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc. In legal succession cases sine qua non to obtain a succession certificate is to establish the relationship. In the matter of Paramananda Chary vs Veerappan, it was held that ”The grant of succession certificate is conclusive against the debtor. Also if another person turns out to be the heir of the deceased, it does not follow that the certificate is invalid”. All required documents are to be submit while lodging the application.

 

Also Read- TRANSFER OF PROPERTY THROUGH GIFT DEED

According to Section 375 of the Hindu Succession Act, the following process needs to be followed in order to obtain a succession certificate:-

  • the residences of the relatives and family of the deceased must be mentioned;
  • in the case of The Hindu Succession Act (Act XXX OF 1956), the names of the heirs must be mentioned in the petition;
  • the right of the petitioner should be mentioned;
  • either Ordinary house of the deceased, at the time of death, or the estate of the deceased should be inside the limits of the Jurisdiction of the Court concerned;
  • the debts and securities as to which the succession certificate is applied for should be mentioned; vii) the absence of any impediment u/sec. 370(1) of the Hindu Succession Act or any other terms of the Act or any other laws to the privilege of succession certificate or to the legality of it in case of it was granted, must be mentioned.

 

Also Read- CHECKLIST FOR BUYING PROPERTY IN CHANDIGARH PANCHKULA MOHALI ZIRAKPUR DERABASSI KHARAR BADDI

If you have any subject specific questions related to Succession Certificate or Legal Heir Certificate in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi or adjoining areas, please call us at 99888-17966 for LegalSeva.

Responses from AI.

What is a Succession Certificate?

A Succession Certificate is a court-issued document that authorises the legal heir(s) of a deceased person to collect debts and securities, such as:

  • Bank balances

  • Fixed deposits

  • Shares, debentures

  • Insurance amounts (when nominee is absent or disputed)

📌 Law governing it: Sections 370–390 of the Indian Succession Act, 1925

When is a Succession Certificate Required?

You need it when:

  • The deceased died intestate (without a Will), or

  • Assets are movable and institutions demand court authority, and

  • There is no valid nominee or dispute among heirs

❌ Not required for immovable property (land/house).

Which Court Has Jurisdiction?

File the petition before the District Judge / Civil Judge (Senior Division):

  • Where the deceased ordinarily resided, or

  • Where the property/debt is located

Step-by-Step Procedure (Court Practice)

Step 1: Prepare the Petition

The petition must include:

  • Name, age, address & date of death of deceased

  • Relationship of petitioner with deceased

  • Complete list of legal heirs

  • Details of debts/securities (bank, FD, shares, etc.)

  • Statement that no Will exists

Step 2: Attach Required Documents

Mandatory documents:

  • Death Certificate

  • Legal Heir / Family Member Certificate

  • ID & address proof of petitioner

  • Asset proof (bank letter, FD copy, share statement)

  • Affidavit + Verification

  • Vakalatnama

Step 3: File Petition & Pay Court Fee

  • File in the appropriate court registry

  • Initial filing fee is nominal

  • Final court fee (stamp duty) is usually 2–3% of asset value (varies by State)

Step 4: Court Issues Notice

The court issues:

  • Notice to all legal heirs

  • Public notice (newspaper publication) inviting objections

🕒 Objection period: 30–45 days

Step 5: Evidence Stage

If uncontested:

  • Petitioner files affidavit evidence

  • Other heirs may file No Objection Statements

If contested:

  • Regular trial with cross-examination

Step 6: Court Order & Certificate Issuance

Once satisfied, the court:

  • Passes an order granting the Succession Certificate

  • Directs payment of final court fee

  • Issues the certificate mentioning:

    • Asset details

    • Share of each heir

Time Taken

  • Uncontested cases: 3–6 months

  • Contested cases: 1–3 years (or more)

Validity & Use

  • Valid across India

  • Banks and institutions must honour it

  • Does not decide ownership, only authority to collect

Common Mistakes to Avoid

❌ Filing in wrong jurisdiction
❌ Incomplete asset details
❌ Not impleading all legal heirs
❌ Confusing Succession Certificate with Probate or Legal Heir Certificate

Document Purpose
Succession Certificate Movable assets
Probate Will-based cases
Legal Heir Certificate Identity of heirs
Letter of Administration Will absent, larger estate

Practical Tip (From Court Experience)

If all heirs agree, attach written No Objections at filing stage — it can cut the timeline by half.

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