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Full RM + FRM support Instant alerts & premium filters Rent negotiation & relocation helpSuccession Certificate in Maharashtra: Online and Offline Application Process, Eligibility and Documents 2025
Published : April 1, 2025, 7:16 PM
Updated : April 1, 2025, 7:16 PM
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Dealing with the deceased person's assets in India can be an emotional and complex process. A succession certificate is a piece of document that makes this whole process easier. Getting a succession certificate in Maharashtra requires filing an application in the court, submitting necessary documents and waiting for approval from the court. This process can take a few months, but it ensures that the rightful heir receives what is legally theirs. This post will provide you with all the information about the Maharashtra succession certificate.
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What is a Succession Certificate?
A succession certificate is a legal document that is given to the successor of a deceased person by the court in the absence of a will. This is done to establish the authenticity of the successor. The document gives the heir authority over the deceased person’s debts and securities.
Succession Laws in Maharashtra
The process to get a Maharashtra succession certificate varies based on the religious background of the deceased. The court considers religion-based laws when issuing a succession certificate. Here’s how these laws differ based on various religions.
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Hindu, Sikh, Jain, and Buddhist Succession Laws
According to the Hindu Succession Act, legal heirs are defined as the immediate family members, such as spouses, children, and parents. This outlines a clear hierarchy and share of assets among heirs.
The same law is applicable for the Sikh, Jain, and Buddhist religions as well.
Muslim Succession Laws
The Muslim succession laws are very different from the Hindu succession laws. According to Islamic or Sharia law, the wealth of the deceased is allocated to family members such as children, spouses, and parents equally.
Christian and Parsi Succession Laws
Since they don’t have any personal laws, the Indian Succession Act applies to these religions. Similar to the Hindu succession laws, a uniform distribution of assets among heirs is provided but with a few changes.
Documents Required for a Succession Certificate in Maharashtra
To get a succession certificate in Maharashtra, you need the following documents.
- Death certificate of the deceased.
- Legal heir certificate
- Proof of relationship
- Identity and address proof of the applicant
- An affidavit stating the applicant’s claim
- No objection certificate
- Property details of the deceased.
All the documents mentioned here are necessary to ensure the legal process goes smoothly and the rights of the deceased and their heirs are protected.
If you are unaware or require any legal assistance in this matter, then you can opt for NoBroker’s Legal Service at affordable rates.
How to Get a Succession Certificate in Maharashtra?
Here is a step-by-step procedure that you can follow for applying for a succession certificate.
Petition Filing
To start the process, you must file a petition at the jurisdictional civil court in the residential area of the deceased or where the assets are located. All the necessary personal details and a list of assets should be present in the petition. You must also add your relationship with the deceased to it.
Document Verification
Along with the petition, you must submit all the necessary documents, such as the Death certificate of the deceased, legal heir certificate, etc.
Preliminary Hearing
After the submission of the petition and the documents, the court will conduct a preliminary hearing. This hearing is conducted to check the authenticity of the document and whether the case is valid or not.
Public Notice
Following the hearing, a public notice will be issued inviting any objections. The notice will be available for around 30 - 45 days.
Final Hearing
If there are no objections to the public notice after 30 - 45 days, the court will issue the succession certificate.
There is no dedicated way of applying for a succession certificate online in Maharashtra.
What is the Stamp Duty on Succession Certificate in Maharashtra?
The stamp duty for obtaining a succession certificate in Maharashtra varies depending on the value of the assets. In general, the fee is somewhere around 3% of the value of the property. It is paid during the time of filing the petition.
Time Needed to Get Succession Certificate
The time required to get a succession certificate is around 5 to 7 months. This depends on quite a few factors, such as the workload of the court, resolving objections, the complexity of the property, etc. Depending on these factors, the time may get extended.
Why is a Succession Certificate Required?
A succession certificate is generally required when the deceased has left no will. Apart from that, there are a few more situations.
- When the estate includes only liabilities or financial instruments.
- For transferring shares, bank accounts, and other financial assets.
- To resolve disputes during the distribution of the assets, such as the ancestral property of the deceased.
Succession Certificate vs Legal Heir Certificate: What is the Difference?
Both succession certificates and legal heir certificates are used in the matter of inheritance, but they are not the same. Here are some major differences between the two.
| Succession Certificate | Legal Heir Certificate |
| Financial assets and debts | Establishing legal heirship and non-financial benefits |
| Civil Court | Local authorities |
| Is necessary for transfer/possession of movable property, managing debts/securities. | Is needed for claiming pensions, insurance, and other benefits. |
Format of Petition for Succession Certificate in Maharashtra
If you are not aware of the format of a succession certificate, then you can use the below.
[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 also need to provide the necessary documents, such as the Death certificate of the deceased, Legal heir certificate, etc.
Ans: The cost varies depending on the value of the assets, but the succession certificate in Maharashtra court fee is generally around 3%.
Ans: As of this moment, it's not possible to get a succession certificate in Maharashtra online.
Ans: No, to sell a property, a succession certificate or written consent/NOC is needed from all other legal heirs.
Ans: All legitimate heirs and close family members can challenge a succession certificate.
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