How to Get a Succession Certificate in India — Step-by-Step Guide

To get a succession certificate in India, file a petition under Section 372 of the Indian Succession Act, 1925, before the District Judge of the area where the deceased ordinarily resided or where the deceased's property is located. The court issues the certificate after verifying the legal heirs, publishing a public notice, and hearing any objections. The process takes 3-9 months and costs 2-7.5% of the estate value as court fees (capped at ₹75,000 in many states) plus advocate fees. You will need the death certificate, proof of relationship with the deceased, and details of the debts and securities for which the certificate is sought.

Who can apply for a succession certificate

• Any person claiming to be entitled to the debts or securities of the deceased person — this includes legal heirs under the applicable personal law
• The applicant need not be the sole heir — one heir can apply on behalf of all legal heirs
• Under Hindu law: wife, children, mother, and other Class I heirs under the Hindu Succession Act, 1956
• Under Muslim law: heirs as per Muslim personal law rules of inheritance
• Under Christian/Parsi law: heirs as per the Indian Succession Act, 1925

When a succession certificate is needed:

• To claim the deceased's bank deposits (savings accounts, fixed deposits, recurring deposits)
• To claim the deceased's securities (shares, debentures, bonds, mutual funds)
• To claim insurance proceeds where there is no nomination
• To transfer the deceased's investments (Post Office savings, PPF, NSC, KVP)
• To collect debts owed to the deceased

When a succession certificate is NOT needed:

• If the deceased left a will — you need a probate or letters of administration instead
• If the bank account has a joint holder or nominee — the bank may release funds to the nominee directly (though a succession certificate protects the bank from future claims by other heirs)
• For immovable property — you need a legal heir certificate or a mutation order, not a succession certificate
• If the amount is small — some banks release amounts below ₹1-5 lakh to the legal heirs on the basis of an indemnity bond and affidavit without requiring a succession certificate

Documents you will need

Mandatory documents

• Petition for succession certificate — Drafted on legal paper, signed and verified by the petitioner as per the Code of Civil Procedure for verification of a plaint
• Death certificate of the deceased — Issued by the Registrar of Deaths (municipal corporation / gram panchayat) — original + 2 photocopies
• Affidavit — Sworn statement verifying the facts in the petition, including details of all legal heirs (on stamp paper as prescribed, typically ₹10-100)
• Identity proof of the petitioner — Aadhaar card, PAN card, passport, or voter ID (original + 2 photocopies)
• Proof of relationship with the deceased — Family ration card, Aadhaar showing same address, birth certificate showing parentage, marriage certificate (if spouse), or school records
• Details of debts and securities — Bank passbooks, FD receipts, share certificates, demat account statements, mutual fund statements, insurance policies, and any other securities of the deceased for which the certificate is sought
• List of all legal heirs — Names, ages, addresses, and relationship of all legal heirs of the deceased (attached as an annexure to the petition)

Additional documents (if applicable)

• Legal heir certificate — Issued by the tehsildar / revenue authority (some courts accept this as supporting evidence)
• NOC from other legal heirs — No Objection Certificates from other legal heirs consenting to the petitioner obtaining the succession certificate (not mandatory, but significantly expedites the process)
• Property documents — If the deceased's property includes investments linked to specific accounts (not for immovable property claims)
• Will of the deceased — If a will exists, you may need probate instead; but if the will does not cover the specific debts/securities, a succession certificate may still be needed for those assets

Step-by-step process

Step 1: Identify the assets requiring a succession certificate

Before filing, compile a complete list of the deceased's movable assets (bank accounts, FDs, shares, mutual funds, bonds, insurance policies, provident fund, PPF, etc.) for which you need the succession certificate. The petition must specify each debt and security for which the certificate is sought.

Where: Contact the deceased's banks, investment companies, insurance providers, and post office for account details and balance confirmations

Tip: Get written confirmation from each bank/institution stating the balance and that a succession certificate is required for releasing the funds. This serves as evidence in the petition and helps the court understand the scope of the estate.

Step 2: Engage an advocate and draft the petition

The petition under Section 372 must include the following information:

• The time of the death of the deceased
• The ordinary residence of the deceased at the time of death
• The family or other near relatives of the deceased and their respective residences
• The right of the petitioner to claim the debts and securities
• The absence of any impediment under Section 370 (no pending probate application, no existing succession certificate for the same assets)
• The specific debts and securities for which the certificate is applied

Where: District Court having jurisdiction where the deceased ordinarily resided, or where the deceased's property is situated Fee: Court filing fee is ad valorem (percentage of the value of debts and securities) — varies by state

Tip: If the deceased had bank accounts and investments in multiple states, file the petition in the court having jurisdiction over the deceased's last place of residence. The succession certificate, once granted, is valid throughout India (Section 381).

Step 3: Court scrutinises the petition and issues notice

After the petition is filed, the court scrutinises it for completeness. If satisfied, the court issues notice to all legal heirs mentioned in the petition and also orders publication in a local newspaper (typically one English and one vernacular language newspaper) inviting objections from the general public.

Timeline: Notice is typically issued within 7-15 days of filing; at least 45 days are given for responses Publication: Newspaper publication costs ₹2,000-5,000 (paid by the petitioner)

Tip: Include all legal heirs in the petition, even if they support your application. If a legal heir is omitted, objections may arise later. Getting NOCs from all legal heirs before filing avoids objections and significantly speeds up the process.

Step 4: Objection period

After publication of the notice, any interested party (including other legal heirs, creditors of the deceased, or any person) can file an objection to the petition. Common objections include:

• The petitioner is not a legal heir
• Other legal heirs have not been included
• A will exists and probate is the proper remedy
• The estate value is disputed

Timeline: Typically 30-45 days from publication (the court fixes the period)

Tip: If no objections are received, the case moves quickly to the next stage. If objections are filed, the court will fix a hearing date and both sides will present arguments. This can add 2-4 months to the process.

Step 5: Court hears the case and verifies the claim

The court examines the petition, the evidence, and any objections. The court satisfies itself that:

• The deceased has indeed died (verified by death certificate)
• The petitioner is a legal heir entitled to the debts and securities
• No will exists that covers the same assets (if a will exists, the court may direct the petitioner to seek probate instead)
• No other succession certificate has been issued for the same assets
• The debts and securities specified in the petition are accurate

Timeline: Hearing and verification take 1-3 months

Step 6: Court grants the succession certificate

If satisfied, the District Judge grants the succession certificate under Section 373. The certificate specifies:

• The debts and securities to which it applies
• The person(s) to whom it is granted
• The date of issuance

Important: The succession certificate authorises the holder to collect the specified debts and securities. Banks, investment companies, and other institutions are legally obligated to release the funds to the certificate holder and are protected from liability for doing so (Section 381).

Timeline: Certificate is issued within 1-4 weeks after the final order Fee: The court fee for the certificate is ad valorem — see the fees section below

Tip: The succession certificate must be presented in original to each bank/institution. Since you may need to approach multiple institutions, ask the court for multiple certified copies, or approach one institution at a time. Some courts issue a certified photocopy for use at multiple institutions simultaneously.

Step 7: Present the certificate to banks and institutions

Take the succession certificate (in original or certified copy) to each bank, insurance company, mutual fund house, or other institution holding the deceased's assets. Along with the certificate, submit:

• Application for release of funds (each institution has its own form)
• Your KYC documents (identity and address proof)
• Death certificate of the deceased (certified copy)
• The original bank passbook / FD receipt / share certificate (if available)

Timeline: Banks typically process the claim within 15-30 days of receiving the succession certificate

Tip: SEBI has mandated that transmission of securities (shares and mutual funds) in demat accounts should be completed within 30 days of submission of complete documents. If the institution delays beyond this period, file a complaint with the relevant regulator (RBI for banks, SEBI for securities, IRDAI for insurance).

Fees and costs

Court fee by major states (ad valorem rates)

Note: Court fees for succession certificates are the single largest cost. For large estates, the fee can be substantial. If you cannot afford the court fee, apply for exemption under the Court Fees Act on grounds of poverty, or apply for legal aid through the District Legal Services Authority.

How long does it take

Can you do this online?

As of 2026, succession certificate petitions cannot be filed entirely online in most states. However:

• E-Filing: Available in states with e-filing systems (Delhi, Maharashtra, Karnataka) for filing the petition
• Case tracking: Track your case on ecourts.gov.in using case number or party name
• Digital succession certificates: Some state digital locker systems (DigiLocker) may eventually support digital succession certificates, but this is not widely implemented yet

Alternative for small amounts: For bank deposits below ₹1-5 lakh (varies by bank), most banks accept a combination of:

• Legal heir certificate from the tehsildar
• Indemnity bond
• Affidavit and NOC from all legal heirs This avoids the need for a succession certificate entirely and is much faster (1-2 weeks).

What if things go wrong

Problem: Other legal heirs object to the petition

Solution: The court will hear both sides. If the objection is about who should hold the certificate (not about the right to inherit), offer to include all legal heirs as beneficiaries in the certificate. The court can grant a joint succession certificate to multiple heirs or specify the share of each heir.

Problem: Bank refuses to release funds despite having the succession certificate

Solution: Write a formal letter to the bank's branch manager citing Section 381 of the Indian Succession Act, which protects the bank from liability when it releases funds to the succession certificate holder. If the bank still refuses, file a complaint with the RBI Banking Ombudsman or approach the civil court for execution of the succession certificate.

Problem: The deceased's assets include both movable and immovable property

Solution: A succession certificate covers only debts and securities (movable property). For immovable property (land, house, flat), you need a separate legal heir certificate from the revenue authority and must apply for mutation of the property records. If a will exists, you need a probate for the will. If no will exists, the immovable property devolves by intestate succession under the applicable personal law.

Problem: The deceased's bank account has a nominee but other heirs also have claims

Solution: The nominee is the custodian, not the owner of the funds. The Supreme Court in Sarbati Devi v. Smt. Usha Devi (1984) and subsequent cases has held that nomination does not override inheritance law. The nominee holds the funds in trust for all legal heirs. A succession certificate establishes the inheritance rights of all legal heirs, and the nominee must distribute the funds accordingly.

Problem: A will is discovered after the succession certificate is issued

Solution: If a valid will is discovered, it takes precedence over the succession certificate for the assets covered by the will. Any person aggrieved can apply to the court under Section 383 for revocation of the succession certificate. The will must be proved through probate (in Presidency towns) or otherwise proved in court.

State-specific differences

Frequently asked questions

What is the difference between a succession certificate, a legal heir certificate, and a probate?

A succession certificate is issued by the District Court under the Indian Succession Act for collecting debts and securities (movable property) of a deceased person who died without a will. A legal heir certificate is issued by the revenue authority (tehsildar/SDM) and establishes the list of legal heirs — it is used mainly for mutation of property records and as supporting evidence. A probate is a certified copy of the will issued by the court, establishing the will's validity — it is required when the deceased left a will (mandatory in Presidency towns of Mumbai, Kolkata, and Chennai; optional elsewhere).

Is a succession certificate valid across India?

Yes. A succession certificate granted by any District Court in India is valid throughout the territory of India (Section 381). You do not need to obtain separate certificates in different states where the deceased's assets are located.

Can a succession certificate be obtained for immovable property?

No. The succession certificate under the Indian Succession Act covers only "debts and securities" — which means movable assets. For immovable property, you need to apply for mutation of property records at the revenue office (tehsil/taluka), supported by a legal heir certificate and other documents.

How much does a succession certificate cost?

The primary cost is the ad valorem court fee, which ranges from 2% to 7.5% of the value of the estate depending on the state, typically capped at ₹75,000. Additionally, you will pay for newspaper publication (₹2,000-5,000), stamp paper (₹10-100), and advocate fees (₹10,000-50,000). For small estates, the total cost may be ₹15,000-30,000; for large estates, it can reach ₹1,00,000 or more.

Can one legal heir obtain the certificate without the consent of others?

Yes. The law does not require the consent or NOC of other legal heirs. However, the court will issue notice to all known legal heirs, and they can file objections. If the other heirs do not object, the certificate is granted to the applicant. Having NOCs from all heirs makes the process faster and smoother but is not legally mandatory.

What if the deceased had both a will and some assets not covered by the will?

You may need both a probate (for the assets covered by the will) and a succession certificate (for the assets not covered by the will). File the probate petition and succession certificate petition separately, or together if they are in the same court's jurisdiction.