Succession Certificate 2025: Application Process, Eligibility, Required Documents and Fees

A succession certificate, as defined under the Indian Succession Act of 1925, is a legal document granted by Indian civil courts. It validates the legitimate claim of legal heirs when someone dies without a valid will. This certificate identifies the rightful successor to the deceased's assets, such as Mutual Funds, Insurance, Pension, Bank Balances, and more. It empowers the holder to manage the deceased's assets, settle debts, and ensure transfers even before the legal heir's identification. Institutions might require this certificate as proof before processing transactions involving the deceased's assets. It outlines assets, debts, securities, details of heirs, and their relationship to the deceased. However, it doesn't apply to immovable properties.

Who Needs a Succession Certificate?

In simple words, a succession certificate is needed by family members (like spouse, children, or parents) of a person who died without writing a will. It helps them get access to the person’s money in banks, fixed deposits, insurance, shares, or any money others owed to the person. Without this certificate, banks or companies won’t hand over the money or investments. It proves who the legal heir is and gives them the right to claim it.

Who issues the Succession Certificate?

A succession certificate is issued by the District Judge of the appropriate jurisdiction, where the deceased person was living at the time of death. If the authority is unable to find such a place, jurisdiction is transferred to where assets of the deceased person could be found.

Some of the Instances When a Succession Certificate Is Required:

• If an overseas citizen gets into a situation where a parent or close relative has died without passing on a will
• Where you know that a property belongs to you but you need this document to prove it

It is important here to know the difference between a Legal Heir Certificate and Succession Certificate as both are not the same, despite connoting something similar in the succession certificate meaning. While a legal heir of the deceased person can apply for a succession certificate for transferring electricity/telephone connections, bank accounts etc., it is not the same as a legal heir certificate, which is issued for the approval of family pensions or transfer of movable and immovable assets. We will cover more differences later in the blog. Let us now understand what the succession certificate procedure is like.

What are the Documents Required for Succession Certificate?

Before issuing a succession certificate, the court has to legally verify the ownership claimed by the petitioner. For the inspection of the petition, the court requires a certain set of documents that must be attached and verified beforehand.

Documents Needed to Obtain a Succession Certificate are

• The time of the death of the deceased person.
• Address of the deceased person at the time of death.
• Details of properties of the deceased person.
• Complete details of the family of the deceased person.
• Complete details of all the legal heirs of the deceased person.
• No Objection Certificates from other legal heirs.
• Rights of the person petitioning for a succession certificate.
• Lists of assets, debts and securities of the deceased person.

Eligibility Criteria for succession certificate

• Legal Heir or Representative: The applicant must be a legal heir or a rightful representative of the deceased.
• Death Without a Will (Intestate): The deceased should have passed away without leaving a valid will.
• Proof of Relationship: The applicant must submit documents proving their relationship with the deceased.
• No Legal Objections: There should be no disputes from other legal heirs, or such objections must be resolved.
• Indian Citizenship and Sound Mind: The applicant must be an Indian citizen and mentally competent.
• Assets Within Jurisdiction: The deceased must have left movable property in the jurisdiction of the court being approached.

How To Get a Succession Certificate?

Legal heirs wanting to claim ownership of the assets of the deceased person should file a petition. Succession certificate petition format be done in the authorized manner and submitted after verifying it in the civil court, under the relevant jurisdiction. A copy of the death certificate should also be attached along with the petition.

Step 1: Filing a Petition 

Legal heirs wanting to claim ownership of the assets of the deceased person should file a petition. This should be done in the authorized format and submitted after verifying it in the civil court, under the relevant jurisdiction. A copy of the death certificate should also be attached along with the petition.

The petition should mention the details written below clearly.

• Time, date and place of the death of the deceased person.
• Details of other legal relatives or heirs.
• Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under.
• Rights of the petitioner 
• Absence of any impediment to the grant of certificate.
• Identification documents like Ration Cards or Passports.
• List of the debts or securities for which the certificate is applied for.
• No objection certificates from other legal heirs

Step 2: Submitting the Fees

According to The Court Fees Act, 1870, a specific percentage of the value of the estate is imposed by the court. This value has to be paid by the petitioner in Judicial stamps. 

Step 3: Publishing of Notice in the Newspaper

The court will now examine the petition and then make it public through a national newspaper. Along with that, the court will also notify all the other heirs and respondents. The notice gives a specific period of 45 days for anyone to raise objections against the petition with required documents to support their claim. 

Step 4: Granting the Certificate

If no one claims ownership of the assets of the deceased person or raises objections within 45 days, the court then grants the succession certificate to the petitioner given that the authenticity of the claim is established.

In the case of multiple petitioners, the court may issue a joint succession certificate. But for a single asset, only one certificate will be granted.

Step 5: Signing the Indemnity Bond

In some cases, the judge may ask the petitioner to sign an Indemnity bond, to make sure that no losses occur due to the misuse of the granted succession certificate. Signing this bond might require the petitioner to present some kind of security to the court. 

How to Get Succession Certificate Online

• Step 1: Visit your state’s e-Court or district court portal
• Step 2: Register as a user and log in
• Step 3: Fill out and submit the Succession Certificate petition form
• Step 4: Upload required documents (ID, death certificate, heir proof)
• Step 5: Pay the court fee online
• Step 6: Attend any virtual or in-person court hearings
• Step 7: Download or receive the certificate once approved

What is the Fee for a Succession Certificate?

The court fees for a succession certificate are governed by the Court Fees Act, 1870, and must be paid in judicial stamps when filing. The cost is calculated as a percentage of the value of the deceased’s estate and varies across states. Typically, this fee ranges between 2% and 3% of the total value of movable assets such as bank deposits or securities. Some states may impose a cap on the maximum fee. It’s essential to verify the exact rate applicable in your state.

Expense Type	Estimated Cost
Court Fees	2%–3% of estate value (capped)
Advocate Fees	₹5,000–₹50,000+
Newspaper Publication	₹20,000 (if required)
Stamp Papers & Misc.	Varies by state and requirements

Note: Costs can differ based on the estate's value, state-specific regulations, and the complexity of the case. It's advisable to consult with a NoBroker's legal expert to get an accurate estimate tailored to your situation.

Read: Understanding a Coparcener and Property Rights in a Hindu Undivided Family

The Validity of the Succession Certificate

The Validity of a Succession Certificate in India is generally unlimited, meaning once issued by the court, it remains valid until the estate is fully settled or revoked by the court. However, if any disputes arise or new claims surface, the court can review or cancel the certificate. It’s important to keep the certificate safe, as it serves as proof of legal heirship and authority to manage the deceased’s assets.

Rules Of Succession Certificate in India

A succession certificate is a legal document that authorizes the heir of a deceased person to inherit and transfer their property to their name. The certificate is a valuable document that simplifies the process of inheritance and provides legal protection for the heirs. In this blog, we will discuss the Rules of Succession Certificate in India.

When Is Succession Certificate Required?

A succession certificate is required when there is no will, and the deceased person's legal heirs want to inherit their property. The succession certificate in family law is necessary to transfer ownership of the property to the heirs. It is also required in case of disputes between family members regarding the property.

Is Succession Certificate Required for Immovable Property?

Yes, a succession certificate is required for immovable property like land, house, or any other immovable assets. The certificate is essential to transfer ownership of the property to the legal heirs.

Succession Certificate Stamp Duty

The stamp duty for a succession certificate varies from state to state. In most states, the stamp duty is a percentage of the value of the property. In some states, the stamp duty is fixed. It is essential to pay the stamp duty to get the certificate.

Latest Insights on Succession Certificates in India

• According to a report by the Indian Express, the Delhi High Court has recently held that a succession certificate is not necessary for the transfer of shares of a deceased person in a private limited company. (Source: Indian Express)
• The Madras High Court has recently observed that a succession certificate is not required if the legal heirs of the deceased person are in agreement about the inheritance of the property. 

A succession certificate is a valuable document that simplifies the process of inheritance and provides legal protection for the heirs. It is required for immovable property, and the stamp duty varies from state to state. NoBroker provides legal services that can help you obtain a succession certificate quickly and efficiently. Contact us today to learn more about our legal services.

Succession Certificate format

The Succession Certificate format essentially covers the petition no, date of the institution, date of the decision, name of petitioners, their address, and the issuance that the petitioner has been granted the authority for a specific purpose, for example, collecting debts on behalf of the deceased or change the electricity connection ownership. 

[Letterhead of the Issuing Court]

To All Concerned,

Succession Certificate Reference No: [Insert Unique Certificate Number]

Subject: Application for Succession Certificate concerning the estate of [Name of the Deceased]

I, [Your Full Name], residing at [Your Address], and being the lawful heir of the late [Name of the Deceased], who passed away on [Date of Death] at [Place of Death], hereby apply for the issuance of a Succession Certificate to manage and claim the movable and immovable assets left behind by the deceased, who died intestate (without a will).

Details of the Deceased:

• Full Name: [Deceased’s Full Name]
  
• Parent’s Name: [Deceased’s Parent’s Name]
  
• Date of Death: [Date]
  
• Last Residential Address: [Address]

Applicant’s Details:

• Full Name: [Your Full Name]
  
• Parent’s Name: [Your Parent’s Name]
  
• Current Address: [Your Address]
  
• Relation to Deceased: [Your Relationship with the Deceased]
  

Assets of the Deceased:

• Description of Assets: [Brief Description]
  
• Location: [Location of Assets]
  
• Estimated Value: [Value in Currency]
  

I affirm that the information provided herein is accurate and true to my knowledge and belief.

Therefore, I respectfully request the issuance of the Succession Certificate under my name in accordance with the Indian Succession Act, 1925.

Dated: [Date of Application]

Sincerely,

[Your Signature]

[Your Full Name]

What are the alternatives to a succession certificate for asset inheritance?

• Probate of Will: A legal process whereby a will is validated by the court, granting the executor authority to distribute assets according to the deceased’s wishes.
• Letter of Administration: Issued by the court when there is no will, authorising a person (usually a close relative) to manage and distribute the deceased’s assets.
• Will: A written document by the deceased specifying how their assets should be distributed among heirs which can avoid the need for a succession certificate if accepted.
• Relinquishment Deed: A legal document where an heir voluntarily renounces their right to inherit property in favour of another heir, simplifying asset transfer.
• Legal Heir Certificate: A certificate issued by local authorities certifying the legal heirs of a deceased person, used to claim certain assets without a succession certificate.

How is a Succession Certificate Different from a Legal Heir Certificate?

Criteria	Succession Certificate	Legal Heir Certificate
Purpose	Grants power for transactions on behalf of the deceased. Allows takeover of assets/securities and debt payment.	Identifies holder as the legal heir of the deceased.
Issuing Authority	District court judge	Municipality or Tehsildars
Specifications	Lists assets, debts, securities, and relationship of the petitioner to the deceased.	Lists all legal inheritors of the deceased.
Effect	Doesn't guarantee the holder is the ultimate estate beneficiary.	Holder is entitled to inherit the estate.
Time Required	Minimum of 45 days	15-20 days
Assets Covered	Only movable properties	All kinds of properties

Revocation of the Succession Certificate

Succession Certificate can be revoked under the following circumstances - 

• If it is obtained fraudulently by deceiving the court.
• If the proceeding that took place to grant the certificate was proven defective or incomplete.
• If the allegation of succession made by the petitioner turns out to be false.
• The certificate is no longer useful or operative due to the circumstances.

https://www.youtube.com/watch?v=HvZnNRF5rtw&list=PL8ALKCUsagw07Cmc-1SoSoAWQ5loza9tZ&index=2

Succession laws are meticulously crafted to ensure the equitable distribution of a deceased individual's responsibilities and assets. In the absence of a legal will, the court and the rightful heirs collaborate to settle the financial matters. Initiation of this process sees the rightful heir pursuing the Succession Certificate, a process that spans roughly 45 days from the moment a petition is submitted in court. Once the court confirms the heir's legitimacy and resolves any disputes from other potential heirs, the District Judge issues the Succession Certificate. 

This document empowers the heir to assume control of the deceased's financial assets and obligations, ensuring that all outstanding debts are repaid to the relevant parties. If the process seems daunting, consider seeking guidance from professionals like NoBroker. They offer top-tier legal documentation services at competitive rates, ensuring a hassle-free and stress-free experience.  

Frequently Asked Questions