how to obtain succession certificate

When a loved one passes away without a will, accessing their financial assets can become challenging. In such cases, a succession certificate serves as a legal document that grants the rightful heirs the authority to manage and claim the deceased’s movable assets, such as bank deposits, fixed deposits, shares, and mutual funds.

Understanding how to obtain a succession certificate is crucial for legal heirs to ensure a smooth transfer of assets without disputes. Governed by the Indian Succession Act, 1925, this certificate simplifies the process by proving the legitimacy of the successor and preventing legal conflicts among family members.

In this comprehensive guide, we will walk you through everything you need to know about obtaining a succession certificate, including its importance, eligibility criteria, required documents, legal procedures, and associated costs. Whether you need to claim a bank account, collect debts, or manage investments of a deceased family member, this step-by-step guide will help you navigate the legal process efficiently.

What Is A Succession Certificate?

The civil court in India provides a certificate by way of succession called a succession certificate. With this certificate, the owner has the legal power to manage and acquire the movable property of a person who has died without a valid will or unambiguous succession instructions.

The court gives this person the privilege to collect money and securities due to the deceased. With the succession certificate, pieces of information can be accessed as if it were a special key.

• Bank accounts
• Fixed Deposits
• Shares and Securities
• Debts owed to the deceased
• Investments in mutual funds, etc.

In simple terms, a succession certificate helps you access bank deposits and mutual funds when a close family member passes away.

Only movable property, including bank deposits and shares of assets, can be accessed using a succession certificate since land and houses require separate probate handling.

Relevant Laws In India

The essential law for inheritance matters in India is the Indian Succession Act of 1925. Specifically, Part X of the Indian Succession Act, of 1925 (Sections 370 to 390) deals with succession certificates.

This Act outlines all rules and steps for providing succession certificates at a legal level. The section explains Succession Certificate features, eligible applicants, the documentation effect, and the steps required to obtain it.

The Indian Succession Act of 1925: Explains the correct methods to administer property when family members do not have a will.

Civil Code Procedure code: The Court must follow specific rules at every stage of cases about succession certificates.

Evidence Act, 1872: The court needs to review official proof of the person's death and the link between the applicant and the deceased under the Evidence Act of 1872.

Importance And Uses Of A Succession Certificate

Getting a Succession Certificate brings unnecessary problems, so here are the reasons for its existence:

Legal Authority

By law, this document gives the holder permission to manage the assets of a deceased person.

Banks and financial institutions need this document to release assets to you or anyone who inherits wealth from the deceased because they want to avoid future legal disagreements.

Simplifies Asset Transfer

It lets users claim their movable assets faster than formal processes such as probate and letters of administration.

Prevents Disputes

The document helps identify legal beneficiaries and explains how to distribute property assets, which lowers the risk of family arguments and court battles.

Required By Institutions

Organizations like banks and companies need a Succession Certificate as their terms to transfer assets from the deceased to their legal heirs. They require this document to guard themselves from payment demands that come after death.

Collection Of Debts

With the Succession Certificate in hand, the person collecting debts can lawfully recover any unpaid debts from the deceased.

Investment Management

The certificate permits the document owner to control and conclude investments that belonged to the deceased person.

Content Of A Succession Certificate

The standard succession certificate includes fundamental pieces of information including:

• The name of the deceased person or dead person.
• The list of legal heirs shows who owns the movable property rights according to relationships with the person who died.
• The certificate explains it covers movable possessions yet does not include full details of every property.
• Where and when the issuing judge granted it based on relevant legal proceedings.
• It shows their period of effectiveness together with the renewal rules.

Also Read : Step-By-Step Process To Obtain A Family Tree Certificate In India

Eligibility Criteria For Succession Certificate

If you plan to start the succession certificate application process, ensure you meet eligibility standards.

This document applies to the official descendants of the deceased person. It usually includes:

• Spouse (wife or husband)
• Children (sons and daughters)
• For most households, the parents need to apply but court rules may allow single parents.

Legal ​Requirement For A Succession Certificate​

A succession certificate is required under specific circumstances.

• To access movable assets
• To prove legitimacy
• When there is no will

Who Issues A Succession Certificate?

A designated court in the district or subordinate court jurisdiction issues the succession certificate for the area where the person lived during their lifetime.

The court reviews all application materials and official proofs before granting the certificate when satisfied.

Also Read : Legal Heir Certificate vs Succession Certificate

Step-By-Step Procedure To Obtain A Succession Certificate

Here are the specific actions required to receive a succession certificate. Following are the simple stages of the process listed here.

How To Get A Succession Certificate

Drafting The Petition

Begin obtaining a succession certificate by creating a legal request to present in court. This petition needs to include:

• Details of the deceased person
• Details of the legal heir, including names and addresses plus their relationship?
• Details of the bank accounts, fixed deposits, and stock shares that are eligible for a succession certificate.
• Legally declare the will exists and fails to govern these assets or that no one contests its control of these specific assets.
• The legal applicants state they hold the official right to inherit.

Filing The Petition In Court

After lawyers and applicants sign the written document, they must submit it to the Civil Court system at either a district judge’s court or a permitted lower-level court.

You must make the court fee payment at this point while understanding the fee information that will follow.

Court Notice And Publication

Once the paperwork arrives in court, they will send it to all legal heirs who did not join as applicants, plus publish it in a newspaper as directed. This step lets others who may claim those assets raise their concerns.

Verification And Hearing

The court verifies both the petition and the attached paperwork at this point. When no disagreements arise from the court, the certificate will be given upon completion of the hearing.

Grant Of Succession Certificate

The court gives a Succession Certificate to applicants when it approves they hold their rightful legal role as heirs and has identified no major disagreements. The court will give succession certification to the people who requested it.

Documents Required For Obtaining A Succession Certificate

For your petition, you must submit these essential documents when you file.

• A certified copy of the deceased’s death certificate.
• You need legal proof that shows your bond with the person who died (bring birth, marriage, or other documents that show your relationships).
• Official details about everything that could be moved from the deceased's estate.
• The application form that court authorities need.
• An Affidavit

Validity Of Succession Certificate

The succession certificate works in all areas of India. An Indian officer appointed by the government can make a valid succession certificate only if the document has received the proper stamps under the Court Fees Act of 1870 to produce the same effect as a certificate issued by India.

Where To Apply For A Succession Certificate

Individuals submit succession certificate applications to the court, which has authority over the place where the deceased resided. Most succession certificate applications go to district courts. Your lawyer will determine the right court venue and verify all required legal steps.

Also Read : Step-By-Step Procedure To Obtain Legal Heir Certificate

Cost And Timeframe For Obtaining A Succession Certificate

Here are some aspects that tell you the cost and timeframe when you apply for the succession certificate.

Advocate/Legal Fees

Legal representation takes the most funds in this situation. The cost of hiring lawyers depends on their professional experience and case difficulty plus their geographical position.

Court Fees

Almost every state applies the same 2-3% charge to assets that need a succession certificate. Several states set a firm limit on court fees that parties must pay.

Time Duration

To issue a succession certificate, the legal document is printed for 45 consecutive days before it is handed over to the court.

Also Read : How to Transfer Property to Legal Heirs After the Owner's Death?

Succession Certificate For Movable Property And Immovable Property

Succession Certificate issues for two properties:

Movable Property

Some succession certificates are only for movable assets, not immovable assets. You can use a succession certificate to transfer the following types of assets:

• Bank deposits
• Securities (shares, bonds, mutual funds)
• Investments

Immovable Property

If you seek to transfer real estate, like land or real buildings, you need to go through the probate or letters of administration process instead. After validating the last will, the court selects an executor to handle all assets left behind by the person who passed away.

To change true ownership of real estate, you need to go through both the probate process and potentially obtain a succession certificate at the same time.

Limitation On Succession Certificate​

Despite being a strong legal document, the succession certificate shows specific boundaries of use.

This document only works for ownership changes in movable goods, but not for land or other immovable property.

The succession certificate loses its power when new evidence emerges or when a party disputes the chosen successor.

The standard period runs without any limits, but replacement or new documentation becomes necessary when there are property adjustments or new lawsuits.

Knowing these constraints helps you use the certificate correctly while preparing for potential legal problems.

Affidavit Format For Succession Certificate

Conclusion

Understanding how to obtain a succession certificate is essential for legal heirs seeking access to a deceased person's movable assets. This legal document serves as proof of succession, ensuring a smooth transfer of financial assets while minimizing disputes among family members. By following the correct legal procedures, including filing a petition, submitting the required documents, and attending court hearings, heirs can successfully secure the certificate.

Since different assets and legal situations may require expert guidance, consulting a legal professional can help streamline the process. Whether you need to claim bank deposits, investments, or outstanding debts, obtaining a succession certificate is a crucial step in securing your rightful inheritance. If you are navigating this legal process, ensure you follow all necessary steps to avoid delays and legal complications.