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Succession Certificate in Kerala: Application Process, Eligibility, Documents, and Legal Requirements 2025
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Dealing with financial matters after losing a loved one can be pretty tough. Accessing their assets won't be possible if the deceased person has not left a will behind. In such cases, a succession certificate is necessary. The district courts issue succession certificates to the legal heirs of the deceased person. In this post, you will learn how to get a succession certificate in Kerala and all the other related details.
What is a Succession Certificate, and Why Do You Need it?
A succession certificate is a legal document issued by a district court to the legal heirs when a deceased person has not left a will. It provides the legal heir with the authority to manage the deceased person's assets.
There are multiple reasons why a succession certificate becomes necessary:
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- A succession certificate helps transfer the deceased's assets to the heirs without legal issues.
- It ensures that only the legitimate heirs can access the deceased's assets by keeping the fraudsters away.
- It recognises the legal heirs and allows them to claim the deceased's assets.
Eligibility Criteria for a Succession Certificate in Kerala
As per law, the legal heirs of a deceased person generally include children, spouses, and parents, but in their absence, they can also include siblings, nieces, nephews, and other distant relatives. As per the Hindu Succession Act of 1956, there is a clear hierarchy and share of assets among heirs.
The Muslim community follows the inheritance law, which provides fixed shares to heirs such as children, spouses, and parents. Christians and Parsis don’t have any personal laws, and thus, they have adopted the Indian Succession Act of 1925. This provides a uniform distribution of assets among heirs, along with a few changes.
What Documents are Needed for Succession Certificate in Kerala?
To apply for a succession certificate in Kerala, you must provide the following documents:
- Death certificate of the deceased.
- Identity and Address proof of the applicant.
- Legal heir certificate
- NOC and property details of the deceased.
- Details of the Assets
- Proof of relationship with the deceased.
- The court fee receipt is after payment of the necessary fees.
You must provide all the above-mentioned documents without fail. Accurate submission of these documents is necessary to ensure that the whole process goes smoothly and that you receive the succession certificate without fail.
How to Get a Succession Certificate in Kerala?
Here are the steps that you must follow to get a succession certificate.
- First, you must petition the jurisdictional civil court where the deceased resided. While filing the petition, you must ensure that all details, such as the relationship with the deceased and the list of assets, such as ancestral properties, are mentioned.
- Along with the petition, you need to submit the documents listed above.
- Following the submission, the court will conduct a preliminary hearing to check the case’s validity, document authenticity and provide a date for the final hearing.
- A public notice will be issued welcoming objections to the claim. The notice will last for about 30 - 45 days.
- If no objections are found, the court will provide the certificate to the applicant. If objections are found, the court will resolve them before issuing the certificate.
If you are trying to get a certificate, then you can either follow these steps or opt for the services provided by NoBroker. The team at NoBroker will help you obtain the succession certificate.
What is the Stamp Duty on Succession Certificate in Kerala?
The succession certificate Kerala court fee can vary depending on various factors, but it is around 3% of the total value of the property. You must pay the fee using stamp papers when filing the petition.
How Much Time Is Needed to Get a Succession Certificate?
Obtaining a succession certificate can take several months, as a few factors are involved. Some of those are.
- Complexity of the estate.
- Time taken to resolve objections.
- The workload of the court.
The general timeline is around 5 to 7 months if all documents and proper procedures are followed.
Succession Certificate vs Legal Heir Certificate: What’s the Difference?
Here is the main difference between a succession certificate and a legal heir certificate.
Succession Certificate | Legal Heir Certificate |
It facilitates the transfer of a deceased person's debts, securities, and financial assets. | It identifies legal heirs for non-financial matters like claiming pensions and gratuities. |
It takes around 5 - 7 months to obtain it. | It takes around 15 - 30 days |
It is valid unless annulled and applies to only listed debts and securities. | Valid indefinitely for specific non-financial uses. |
Format of Petition for Succession Certificate in Kerala
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]
Get Succession Certificate in Other States
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: 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: The fee for a Succession Certificate is typically around 3% of the total value of the property.
Ans: You cannot apply for a succession certificate in Kerala online, but you can check the Kerala e-District Portal for updates on this matter.
Ans: The maximum cost is capped at Rs. 50,000. This is regardless of the value of the assets of the deceased.
Ans: You don’t have to pay inheritance tax after getting a succession certificate. You only need to pay tax if you use the inheritance to earn rental income.
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