Table of Contents

Section 372 of the Indian Succession Act - Quick Info What is Section 372 of the Indian Succession Act?Who Can Apply for a Succession Certificate under Section 372?Documents Required for Section 372 of the Indian Succession Act Procedure for Obtaining Succession Certificate Under Section 372 Jurisdiction Under Section 372 of the Succession Act Succession Certificates for Different Kinds of Properties Under Section 372 Section 372 vs Legal Heir Certificate How NoBroker Can Help with Legal Services Frequently Asked Questions?

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Home Blog Real Estate Legal Guide & Laws Section 372 of Indian Succession Act

Section 372 Of the Indian Succession Act: Meaning, Applicability & Legal Provisions in 2025

Published : September 24, 2025, 4:20 PM

Updated : November 27, 2025, 4:51 PM

Author : kruthi

Real Estate Legal Guide & Laws

Section

1894 views

Summary

Section 372 of the Indian Succession Act, 1925, allows legal heirs to claim movable assets of a deceased who left no will. The process involves filing a petition for a Succession Certificate, submitting required documents, court scrutiny, public notices, hearings, and finally, issuance of the certificate. Applicable only to movable properties like bank accounts, securities, and debts, it ensures legal access to financial assets. Professional assistance, such as NoBroker, helps simplify compliance and ensures smooth, hassle-free execution of the procedure.

Table of Contents

Inheritance laws in India are essential for ensuring that a deceased person’s assets are transferred lawfully to their rightful heirs. Section 372 of the Indian Succession Act governs the issuance of a succession certificate for movable properties such as debts, securities, and other financial assets, particularly when no will exists. Understanding this provision enables heirs to claim and manage the estate legally, avoid disputes, and ensure the smooth transfer of financial property.

Section 372 of the Indian Succession Act - Quick Info

This table provides a consolidated overview of the key aspects related to an application under section 372 of the Indian Succession Act.

Aspect	Details
Section	Section 372
Act	The Indian Succession Act, 1925 [1]
Subject	The formal procedure for filing a petition (application) for a Succession Certificate.
Purpose	To legally authorise an heir to collect debts and securities owed to a deceased person who died without a Will (intestate). [1]
Filed By	A legal heir of the deceased or any person who has an interest in the estate. [1]
Jurisdiction	The District Judge in the area where the deceased ordinarily resided at the time of death, or where their property is located.
Key Requirement	A verified petition with specific details about the deceased, their family, and the assets in question.

What is Section 372 of the Indian Succession Act?

Section 372 of the Indian Succession Act, 1925, is the specific legal provision that lays down the procedural blueprint for making an application to a court to obtain a succession certificate in India. It does not define the certificate itself, but rather dictates what information must be included in the formal petition, how it should be verified, and who is eligible to file it. It is, in essence, the starting point of the legal process for heirs to gain control over the movable assets of a deceased family member.

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Who Can Apply for a Succession Certificate under Section 372?

The law provides a clear outline of who is eligible to initiate the application for a succession certificate. An application can be filed by any person who has a legitimate interest in the estate of the deceased.

Legal Heirs: The most common applicants are the direct legal heirs of the deceased, such as a spouse, children, or parents, as determined by the laws of succession.
Person with an Interest: Any person who can demonstrate a sound interest in the estate, such as a person named in a Will (if the Will is not being probated for other reasons) or a person who holds a right to the property through other legal means.

Documents Required for Section 372 of the Indian Succession Act

To file a petition under this section, a comprehensive set of documents must be compiled and submitted to the court. [1]

The primary documents required include:

The original death certificate of the deceased person.
Documents establishing the relationship between the applicant and the deceased (e.g., marriage certificate, birth certificate).
A certificate issued by a competent authority listing all legal heirs of the deceased.
Identity and Address Proof of the Applicant
A complete list with names and addresses of all surviving family members and near relatives of the deceased.
A comprehensive list of all debts and securities (movable assets) for which the certificate is being sought.
In many cases, an affidavit of no objection from the other legal heirs is required to expedite the process.

Procedure for Obtaining Succession Certificate Under Section 372

The procedure under the Indian Succession Act for obtaining the certificate is a formal court process. It begins with the application as detailed in Section 372.

Step 1: Draft the petition as per the format prescribed in Section 372 of the Indian Succession Act. Get it signed and verified by the applicant and filed with the competent District Judge. The petition must contain the details about the deceased, family, and a full list of the debts and securities in question.
Step 2: Once the petition is filed, the court will scrutinise the documents. If the petition is admitted, the court will issue notices to all the respondents (the other legal heirs and near relatives listed in the petition). The court also directs that a notice be published in a local newspaper to invite objections from the general public.
Step 3: The court sets a date for the hearing, typically 45 days after the notice is published. During this period, any person can file an objection to the petition. If objections are filed, the court will hear both parties and decide the matter as a contested suit.
Step 4: If no objections are filed, or if any objections are decided in favour of the petitioner, the court will pass an order to grant the succession certificate under section 372.
Step 5: The court will require the person to whom the certificate is granted to furnish an indemnity bond with one or more sureties. This bond is a guarantee to protect the debtors who pay their dues to the certificate holder from any future fraudulent claims.

Jurisdiction Under Section 372 of the Succession Act

The Indian Succession Act 372 clearly defines the jurisdiction for filing a petition to ensure the application is made in the correct court.

Primary Jurisdiction: The petition should be filed in the court of the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of their death.
Alternate Jurisdiction: If the deceased had no fixed place of residence, the petition can be filed in the court of the District Judge within whose jurisdiction any part of the property or assets of the deceased is located.

Succession Certificates for Different Kinds of Properties Under Section 372

It is critical to understand the scope of a Succession Certificate, particularly the distinction between movable and immovable property. [1]

Movable Property (Debts and Securities): A Succession Certificate is the primary document required to claim movable assets. This includes bank account balances, fixed deposits, stocks, shares, mutual funds, and other financial securities. Banks and financial institutions will not release these assets to heirs without a valid Succession Certificate.
Immovable Property (Land and Buildings): A Succession Certificate does not grant ownership rights to land or buildings. The transfer of immovable property is governed by other legal instruments like a Will, a Gift Deed, or a Partition Deed, and requires different legal procedures. However, a Succession Certificate may be required to collect rent or other dues arising from an immovable property.

Section 372 vs Legal Heir Certificate

While both documents relate to succession, they have different purposes and legal standing. Understanding this distinction is important for any heir. [1]

Purpose: A succession certificate, section 372, is issued by a court and gives the holder the authority to collect the movable assets (debts and securities) of the deceased. A Legal Heir Certificate is issued by a local revenue authority (like a Tehsildar). It is primarily used to establish the relationship of the heirs to the deceased for claiming employment benefits, pensions, or insurance.
Authority: A Succession Certificate is a judicial order and holds greater legal weight in financial matters. A Legal Heir Certificate is an administrative document.
Scope: A Succession Certificate is mandatory for dealing with banks and financial institutions for movable assets. A Legal Heir Certificate is often sufficient for claims from government offices.
Application: A petition for a Succession Certificate is a formal court procedure, while an application for a Legal Heir Certificate is a simpler administrative process.

How NoBroker Can Help with Legal Services

Securing a succession certificate under section 372 of the Indian Succession Act often involves multiple legal steps, detailed paperwork, and strict court procedures. With NoBroker’s legal support, families can avoid unnecessary stress by receiving expert support in drafting applications, collecting required documents, and filing petitions correctly. Our professionals also guide you through court hearings, ensuring that the process is efficient and compliant. Whether it’s movable or immovable property, NoBroker simplifies succession matters, safeguarding heirs’ rights and enabling a seamless transition of ownership with complete legal assurance.

Frequently Asked Questions?

Q1. What is Section 372 of the Indian Succession Act?

Ans. Section 372 outlines the formal procedure and required details for filing a petition in a court to obtain a Succession Certificate.

Q2. Who can file for a succession certificate?

Ans. Any legal heir of the deceased or any person who has a legitimate interest in the estate can file a petition for a succession certificate.

Q3. What is the procedure under Section 372?

Ans. The procedure involves filing a detailed petition in court, which then issues a public notice, hears any objections, and grants the certificate upon satisfaction.

Q4. Is a succession certificate required for immovable property?

Ans. No, a succession certificate does not grant ownership of immovable property. It is primarily for collecting movable assets like bank deposits and securities.

Q5. How long does it take to get a succession certificate?

Ans. The process typically takes between 5 to 7 months, depending on the complexity of the case and the workload of the court.

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kruthi,Author

Kruthi is a Chartered Accountant has worked for various Real Estate firms across India, she is well versed with the legal and financial aspects of all real estate transactions. There are numerous documents and plenty of hidden fees that people get lost in, her goal is to shed some light on it all.

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