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Succession Certificate in Tamil Nadu: Application Process, Eligibility, and Required Documents 2025
Published : April 1, 2025, 7:27 PM
Updated : April 1, 2025, 7:27 PM
Author :
krishnanunni
Table of Contents
Obtaining a succession certificate is necessary in the case of intestate succession. This certificate plays a vital role in ensuring that the assets of a deceased person are smoothly transferred to the rightful heirs. To get a succession certificate in Tamil Nadu, you must petition the district court with all necessary personal details and documents. This post will help you understand all the details about a succession certificate and how to obtain it.
What is a Succession Certificate & Why is it Important?
A Succession Certificate is a legal document that the court issues. It authorises the legal heir of a deceased person to inherit their debts and securities. It is generally used when the deceased has not left a will.
A succession certificate is necessary for various reasons, such as legal recognition, authority to collect debts, and protection from liability.
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- Legal Recognition: The succession certificate proves that its bearer is the rightful heir of the deceased and his/ her assets.
- Authority to Collect Debts: A succession certificate lets its bearer collect all debts owed to the deceased. Debts such as bank balances, securities, etc.
- Protection from Liability: When the creditors pay or settle the debt to the holder, they are not held accountable.
Documents Needed for a Succession Certificate
To get a succession certificate in Tamil Nadu, you must provide the following documents.
- Death certificate of the deceased.
- Legal heir certificate
- Identity and 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.
- No objection certificate
- The court fee receipt is issued after payment of the necessary fees.
If you are having trouble procuring these documents, the NoBroker Legal team can help. They will charge minimal fees.
How to Get a Succession Certificate in Tamil Nadu?
To get a succession certificate in Tamil Nadu, follow the step-by-step procedure mentioned below.
- Step 1: To start the process, you must submit a petition to the jurisdictional civil court where the deceased used to reside. The petition should have all the necessary details related to the deceased.
- Step 2: In addition to the petition, you must submit all the required documents, such as a death certificate, legal heir certificate, etc., for verification purposes.
- Step 3: After the filing process is completed, the court will conduct a preliminary hearing to verify whether the case is valid and the authenticity of the documents.
- Step 4: The court issues a public notice inviting objections to the succession claim. This period is 30 - 45 days long.
- Step 5: After this, the court proceeds with the final hearing if there are no objections or after resolving the objections.
In the final hearing, the court declares the results and, upon satisfaction, issues the certificate to the rightful heir.
Succession Laws in Tamil Nadu
The process to get a succession certificate in Tamil Nadu varies based on the religious background of the deceased. The court considers religion-based laws when issuing the certificate. Here’s how these laws differ based on various religions in India.
Hindu, Sikh, Jain, and Buddhist Succession Laws
According to the Hindu Succession Act, legal heirs are the immediate family members of the deceased, such as spouses, children, and parents. This act clearly outlines a hierarchy and share of assets among heirs.
Muslim Succession Laws
According to Muslim succession laws, the deceased's wealth must be equally divided among family members, such as children, spouses, and parents.
Christian and Parsi Succession Laws
They don’t have any personal laws, and because of that, the Indian Succession Act applies to these religions. The distribution of assets among heirs is equal but with a few changes.
Succession Certificate in Tamil Nadu for Immovable Property
There are quite a few succession certificate-specific rules for immovable properties in Tamil Nadu that are important to know.
- Succession certificates are generally used for movable assets. However, they can also help the legal heirs collect rent or dues on immovable properties.
- More legal processes might also be required for immovable properties, apart from a succession certificate. Some of those are legal heir certificates, etc.
- The location must also be considered before applying for a succession certificate for immovable property. The application must be filed at a court within the jurisdiction of the ancestral property.
Time & Stamp Duty on Succession Certificate in Tamil Nadu
The time necessary to obtain a succession certificate in Tamil Nadu is around 5 to 7 months. This can be extended based on factors such as the court's workload and the time taken to resolve objections.
The stamp duty or succession certificate cost should be around 3% of the total value of the property being inherited. It's generally this much, but could change based on some factors. This fee is paid through stamp papers at the time of filing the petition.
Succession Certificate vs Legal Heir Certificate
Succession certificates and Legal heir certificates might seem to be the same, but they have different purposes. Here’s how they are different.
- The purpose of a Legal heir certificate is to identify and confirm the heirs of a deceased person. A succession certificate provides the legal heir's authority over the assets of a deceased person.
- Legal heir certificates are issued by local revenue or municipal authorities, and civil courts issue succession certificates.
Format of Petition for Succession Certificate in Tamil Nadu
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 those above deceased, hereby request the issuance of a Succession Certificate about 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 under the Indian Succession Act 1925.
Dated: [Date of Application]
Sincerely,
[Your Signature]
[Your Full Name]
Frequently Asked Questions
Ans: The court fee is generally around 3%, but it can change depending on certain factors.
Ans: Currently, there are no known methods of obtaining a succession certificate online in Tamil Nadu.
Ans: The best alternatives to succession certificates are affidavits and indemnity bonds. An affidavit can prove the relationship with the deceased, and indemnity bonds can protect against future claims and liabilities.
Ans: Both these certificates are equally important as they are necessary for very specific actions.
Ans: A succession certificate is issued by the civil court to the legal heirs of the deceased person.
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