How to Apply for a Succession Certificate Under the Indian Succession Act 1925

Kaustav Chowdhury
7 days ago
6 min read

Introduction

When a person dies without leaving a valid will (intestate), their legal heirs often face difficulties in claiming the deceased's financial assets such as bank deposits, shares, mutual funds, fixed deposits, and other securities. A Succession Certificate, issued under the Indian Succession Act, 1925, is a legal document that authorizes the holder to collect debts due to the deceased and to receive or transfer securities belonging to the deceased. This certificate is granted by a competent civil court and serves as conclusive proof of the holder's authority to deal with the deceased's movable assets. This guide explains the complete procedure for applying for a succession certificate, the relevant legal provisions, required documents, court fees, and important tips.

Legal Framework

The law governing succession certificates is contained in Part X (Sections 370 to 390) of the Indian Succession Act, 1925. The key provisions are:

Section 372: Deals with the application for a succession certificate. It requires the applicant to file a petition before the District Judge, setting forth the time of death of the deceased, the ordinary residence of the deceased, the family or other near relatives, and the absence of any impediment to the grant of the certificate.
Section 373: Governs the procedure on application. If the District Judge is satisfied that the petition is in order, the court issues a public notice and provides an opportunity of hearing to persons who may have objections.
Section 374: Specifies the contents of the certificate, which lists the debts and securities covered and the powers conferred on the certificate holder.
Section 375: Describes the effect of the certificate. It provides indemnity to debtors and others who act in good faith on the authority of the certificate.
Section 376: Allows for the extension of the certificate to cover additional debts or securities discovered after the original grant.

It is important to note that a succession certificate is different from a probate. A succession certificate is sought when the deceased died intestate, whereas probate is granted in respect of a valid will. If the deceased left a will, you should instead consider filing an application for probate of a will before the High Court.

Who Can Apply

The following persons are eligible to apply for a succession certificate:

Any legal heir of the deceased person who died without a valid will
The applicant must demonstrate their relationship to the deceased (spouse, child, parent, sibling, or other relative entitled to inherit under the applicable personal law)
Both Hindu and Muslim personal laws of inheritance apply to determine legal heirs; the Indian Succession Act governs Christians, Parsis, and Jews
If there are multiple legal heirs, any one of them may apply; however, the consent or knowledge of other heirs is generally expected by the court

Documents Required

The following documents are typically required when filing a petition for a succession certificate:

Death certificate of the deceased, issued by the local municipal authority
Proof of the applicant's relationship with the deceased (birth certificate, marriage certificate, or family tree document)
A detailed list of all debts and securities of the deceased for which the certificate is sought
Details of all legal heirs of the deceased, along with their names, ages, and addresses
Proof of the deceased's ordinary residence at the time of death (utility bills, voter ID, or Aadhaar card)
An affidavit stating that the deceased died intestate (without a will) and that no other application for a succession certificate is pending. You can learn about the process of getting a document notarized under the Notaries Act, 1952 for the affidavit.
Identity proof and address proof of the applicant (Aadhaar, PAN card, or passport)
Court fee stamp of the requisite value (calculated based on the total value of the assets)

Step-by-Step Procedure

If you are a legal heir of a deceased person and need to claim their debts or securities, follow these steps. If the deceased left a will and someone is contesting it, you may also want to read about how to file objections to a probate petition.

Draft a petition under Section 372 of the Indian Succession Act, 1925, addressed to the District Judge having jurisdiction over the area where the deceased ordinarily resided at the time of death.
Include all required particulars in the petition: the deceased's name, date of death, last known address, details of all legal heirs (names, ages, addresses, and relationships), a comprehensive list of debts and securities, and a declaration that no impediment exists for the grant of the certificate.
Sign and verify the petition in the manner prescribed by the Code of Civil Procedure, 1908.
Pay the requisite court fees based on the total value of the debts and securities. Court fees are typically 2% to 3% of the asset value, though this varies by state. Pay through judicial stamp paper or challan as required by the court.
File the petition in the office of the District Judge along with all supporting documents and the court fee receipt.
After accepting the petition, the court issues a public notice in a local newspaper, inviting objections from any person who may have a claim to the deceased's estate. This notice period is generally 30 to 45 days.
If no objections are raised within the notice period, attend the hearing where the court will verify your claim and the supporting evidence.
If objections are raised, the court will conduct a hearing to decide the dispute. This may involve the examination of witnesses and further documentation.
Upon satisfaction, the court passes an order granting the succession certificate, specifying the debts and securities for which it is valid.

Once you obtain the succession certificate, you can approach banks, financial institutions, and other debtors to claim the assets. If a debtor refuses to honour the certificate, you may need to apply for a garnishee order to recover the debt through court.

Fees and Timelines

Court fees: Calculated as a percentage of the total value of the debts and securities. The rate is typically 2% to 3%, varying by state. Some states impose a cap on the maximum court fee payable.
Lawyer fees: These vary depending on the complexity of the case and the lawyer engaged. Budget for additional legal consultation costs.
Newspaper publication charges: The cost of publishing the public notice in a newspaper is usually Rs. 1,000 to Rs. 3,000.
Timeline: The entire process typically takes 3 to 6 months from the date of filing. If objections are raised, the timeline may extend depending on the court's schedule.

Common Mistakes to Avoid and Important Tips

List all debts and securities accurately in the petition. The certificate covers only those assets specifically mentioned in it.
If additional assets are discovered after the certificate is issued, you can apply for an extension under Section 376 of the Act.
A succession certificate covers only debts and securities (movable assets). For immovable property such as land or buildings, you may need to file for mutation of land records. Read about how to file an objection to a mutation entry in land revenue records.
Do not confuse a succession certificate with a legal heir certificate. A legal heir certificate, issued by the revenue department or tehsildar, is used for general inheritance purposes but is not accepted by banks and financial institutions for releasing substantial funds.
If the deceased left a will, a succession certificate is not the appropriate remedy. Apply for probate or letters of administration instead.
If a decree is passed against you in the succession proceedings and you were not present, learn about how to set aside an ex parte decree under Order 9 Rule 13 CPC.
Consider seeking exemption from personal appearance in court if you are unable to attend hearings in person.

Conclusion

Obtaining a succession certificate under the Indian Succession Act, 1925, is an essential legal step for claiming the financial assets of a deceased person who died without a will. While the process involves filing a petition before the District Judge, paying court fees, and waiting for the public notice period to expire, proper documentation and careful preparation of the petition can ensure a smooth experience. If you are a legal heir seeking to recover bank deposits, shares, or other securities of a deceased family member, filing for a succession certificate is the recognized legal remedy available to you.