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Succession Certificate in Delhi: Application Process, Eligibility, Documents, and Legal Requirements 2025
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After the passing of a loved one, dealing with their assets and debts could be quite emotionally challenging and legally troublesome. A succession certificate plays a pivotal role as it allows the bearer to have authority over the possessions, belongings and assets of the deceased. And if you are a resident of Delhi then it is very important to understand the importance of a Succession Certificate in Delhi. This post is designed to help you understand the nooks and crannies of a succession certificate.
What is a Succession Certificate?
A Succession Certificate is a legal document that the court issues. It authorises the legal heir of a deceased person to inherit the debts and securities. It is generally used when the deceased has not left a will.
Eligibility Criteria for a Succession Certificate
As per Delhi Law, legal heirs can include children, spouses and other relatives of the deceased, but this can differ based on religion or community.
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As per the Hindu Succession Act of 1956, heirs are divided into three types such as Class I, Class II, Agnates and Cognates. Here’s what each means.
- Class I Heirs: They are generally the first preference, such as wife, sons, daughters, mother, and a few specific relatives.
- Class II Heirs: If there are no Class I heirs, then Class II heirs are eligible, such as father, siblings, nieces, nephews, etc.
- Agnates and Cognates: If both Class I and Class II heirs are not present, then distant relatives are eligible for this.
In the case of Muslims, they follow the inheritance law, which is about providing fixed shares to heirs such as children, spouses, and parents. Christians and Parsis follow the Indian Succession Act of 1925.
Documents Required for a Succession Certificate in Delhi
To apply for a succession certificate, you need the following documents.
- Death certificate of the deceased.
- Identity proof of the applicant.
- Address proof of the applicant.
- Details of the Assets for which the certificate is needed.
- An affidavit about the relationship with the deceased and the absence of a will.
- Court fee receipt after payment of the necessary fees.
These are all the documents that are needed for the succession certificate.
How to Get Succession Certificate In Delhi?
There are two ways following which you should be able to get a succession certificate in Delhi. Here are both of them:
How to Get Succession Certificate Online?
The succession certificate online process is quite easy and simple. Here are the necessary steps that you need to follow.
- Step 1: Go to the official website of the Delhi District Court.
- Step 2: Find the section for filing succession certificates.
- Step 3: Fill out the form by entering all the necessary details.
- Step 4: Next, upload the required documents.
- Step 5: Pay the court fees through a method of your choice.
Post this, you can track the application status and receive all the necessary updates about your succession certificate Delhi online. You can also try checking out the services provided by NoBroker to get a succession certificate in Delhi at an affordable rate.
How to Get Succession Certificate Offline?
Here are the offline application steps that you need to follow for the succession certificate.
- Step 1: Visit the jurisdictional civil court in the location of the deceased.
- Step 2: File a petition that must include all the necessary personal details, the relationship with the deceased and a list of the assets in question.
- Step 3: Ensure to include all the documents, such as death certificate, legal heir certificate, etc. for verification.
- Step 4: After the petition is filed, the court will conduct a preliminary hearing. In this hearing, the court will examine the validity of the case and the authenticity of the document.
- Step 5: Next, a public notice will be issued inviting objections, which generally last for 30 - 45 days.
- Step 6: If there are no objections, the court will proceed with the final hearing and issue the succession certificate to the heir.
The whole process is pretty simple, and you just need to ensure that the application is filed in the appropriate court.
When Do You Need a Succession Certificate?
There are a few scenarios when a succession certificate in Delhi is necessary, such as:
- There is no will left by the deceased.
- When the assets consist of only debts or securities.
- For transferring the shares, bank accounts and other securities.
- When a dispute arises during the distribution of the assets such as the ancestral property of the deceased.
Required Time and Stamp Duty on Succession Certificate in Delhi
The succession certificate cost in Delhi depends on the value of the assets involved. In general, it's calculated as a total percentage of the asset's value, which is around 3%. The succession certificate Delhi court fee is paid through judicial stamp papers when filing the petition.
The whole process of obtaining a succession certificate is quite long. Typically, it takes around 5 to 7 months, but it could take longer, depending on various factors. Some of the factors are the workload of the court, the time taken to resolve any objections, etc.
Where is the Succession Certificate Valid?
The succession certificate is valid throughout the country, and it needs to be produced where the assets are located.
Succession Certificate vs Legal Heir Certificate
Succession certificates and legal heir certificates are used to make inheritance claims but they are different from each other. Here are a few differences between the two.
- A succession certificate grants a person the authority to inherit and control the assets of a deceased person. Whereas, a legal heir certificate is used to establish the rightful heirs of a deceased person.
- A succession certificate is issued by a civil court located at the deceased person's residence. A legal heir certificate is issued by the local revenue or municipal authorities.
- Obtaining a succession certificate takes a longer time compared to a legal heir certificate.
Format of Petition for Succession Certificate in Delhi
Here is a sample format for a succession certificate that you can use.
[Letterhead of the Issuing Court]
To All Concerned,
Succession Certificate Reference No: [Insert Unique Certificate Number]
Regarding the estate of [Name of the deceased], child of [Father’s/Mother’s name], who passed away on [Date of death], residing at [Address of the deceased].
I, [Your Name], as the lawful heir of the aforementioned deceased, hereby request the issuance of a Succession Certificate pertaining to both movable and immovable assets, as the deceased did not leave 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 the best of 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]
Frequently Asked Questions
Ans: To get a succession certificate, you must file a petition in the jurisdictional civil court. You must also submit the required documents, such as a death certificate, legal heir certificate, etc.
Ans: The fee for a Succession Certificate is typically around 3% of the total value of the property.
Ans: The documents required are the death certificate of the deceased, identity proof of the applicant, address proof of the applicant, details of the assets for which the certificate is needed, an affidavit about the relationship with the deceased and the absence of a will and Court fee receipt after payment of the necessary fees.
Ans: The alternative to a succession certificate is a legal heir certificate, death certificate, or a confirmation deed.
Ans: Both the Legal Heir Certificate and Succession Certificate have their distinct purposes. A succession certificate is needed to claim financial assets, whereas a legal heir certificate is necessary to transfer property ownership, claim pensions, etc.
Ans: A legal heir certificate proves the relationship between the deceased and their legal heir. It is also necessary to transfer both moveable and immovable properties of the deceased to the legal heir. On the other hand, a succession certificate is required to claim the debts and dues of the deceased.
Ans: The advocate fees can vary depending on the complexity of the case. So it's hard to put an exact number.
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