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Get Succession Certificate in West Bengal: Application Process, Eligibility, Documents, and Format 2025
Table of Contents
A succession certificate is a key document necessary to claim the assets of a deceased person. This document is necessary when the deceased has not left behind a will, as it provides the bearer authority over the deceased person's assets. Understanding the importance of a succession certificate is very important. This post will give you all the information about a succession certificate in West Bengal.
What is a Succession Certificate?
A succession certificate is a document that provides authority over a deceased person’s belongings to their rightful heir. The District Judge issues it and applies it to moveable assets like bank balances, securities, and debts owned by the deceased.
Who Is Eligible to Apply For A Succession Certificate?
Legal heirs of the deceased can include children, spouses and other relatives, but this can differ based on religion or community. As per the Hindu Succession Act of 1956, there is a clear hierarchy and share of assets among heirs.
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Muslims follow inheritance law, which provides fixed shares to heirs such as children, spouses, and parents. Since Christians and Parsis don’t have any personal laws, they follow the Indian Succession Act of 1925. This provides a uniform distribution of assets among heirs but with a few changes.
Documents Required to Obtain a Succession Certificate in West Bengal?
Here is a list of documents an individual requires to obtain a Succession Certificate in West Bengal.
- Death Certificate of the Deceased
- Legal Heir Certificate
- Proof of Relationship
- Identity and Address Proof of the Applicant
- Affidavit
- No Objection Certificate (NOC)
- Property Details of the Deceased
- Proof of Payment of Court Fees
How to Get a Succession Certificate in West Bengal?
The procedure to apply for a Succession Certificate is as follows:
- File your petition at the jurisdictional civil court where the deceased lived or where their assets are located. Ensure to add your personal details, how you were related to them, and a complete list of the assets involved.
- While filing the petition, you must provide the death certificate, legal heir certificate, etc.
- A preliminary hearing will be held by the court to verify your petition.
- A public notice will be issued, giving people 30 - 45 days to come forward if they have objections regarding the claim.
- The final hearing will take place after all the objections are resolved (if any). If everything checks out, the court will issue you the Succession Certificate.
If you find all these steps hard to follow, you can opt for NoBrokers Legal Services. The NoBroker team will help you obtain a succession certificate without any hassle.
What is the Succession Certificate Cost in West Bengal?
In general, the cost of obtaining a succession certificate or the stamp duty on succession certificates in West Bengal is around 3% of the total asset value, but this can differ depending on the value of the assets. This fee must be paid through stamp papers while filing the petition.
How Long Does It Take to Obtain a Succession Certificate?
In West Bengal, a succession certificate is issued within 5 to 7 months of submission. However, a few factors may affect the duration.
- Complexity of the inheritance
- The court’s workload
- Objections received during the public notice.
Succession Certificate vs Legal Heir Certificate: What's the Difference?
The basic difference between a succession certificate and a Legal Heir Certificate is as follows.
- A succession certificate is used to claim and manage the deceased's assets. These assets can now include bank accounts, debts, ancestral properties, etc.
- A legal heir certificate shows the relationship between the deceased and the legal heir. It is generally used for making claims against insurance, pensions, etc.
Format of Petition for a Succession Certificate in West Bengal
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
Get Succession Certificate in Other States
Frequently Asked Questions
Ans: To get a Succession Certificate West Bengal, you must apply for a petition to the jurisdictional civil court along with the necessary documents such as the death certificate, identity and address proof of the applicant.
Ans: The maximum court fee payable by an individual is capped at Rs. 50,000, regardless of the value of the assets or debts involved.
Ans: An alternative to a Succession Certificate is a Legal-Heir Certificate.
Ans: No, there is no fixed time limit for applying for succession or legal heirship certificates. The Limitation Act of 1963, remains valid as long as the property or assets exist.
Ans: Currently, you can't get a succession certificate online in West Bengal.
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