How to Get Succession Certificate in India

Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities. A person is said to have passed away intestate when he/she does not leave a

legal Will. Succession certificate entitles the holder to make payment of the debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisation and person request for succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities.

Procedure for Obtaining Succession Certificate

To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.

Petition for Certificate

A petition for succession certificate must contain the following particulars:

Time of death of the deceased;
Residence or details of properties of the deceased at the time of death within which Judge the jurisdiction falls under;
Details of family or other near relatives;
The rights of the petitioner;
Absence of any impediment to the grant of a certificate;

Grant of Certificate

On making the petition, if the District Judge is satisfied as to the ground of making the petition, can grant an opportunity of hearing to persons who, in his/her opinion, should be heard. After hearing all parties, the Judge can decide the right of the petitioner to be granted the succession certificate. The Judge would then pass an order for grant of certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer or do both.

Restriction on Succession Certificate

A court can sometimes require a bond with one or more surety or sureties or any other security for rendering an account of debts and securities received by the petitioner of succession certificate for indemnifying the persons who may be entitled to any part of the

debt or securities.

Validity of Succession Certificate

A succession certificate has validity throughout India. If a certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.

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Frequently Asked Questions

Common questions about Succession Certificate Process in India.

A succession certificate can be applied for by the legal heirs of a person who passed away without leaving a will (intestate). The legal heirs are entitled to claim the debts and securities left behind by the deceased.

The succession certificate enables the legal heirs to receive the debts and transfer the securities of the deceased without having to prove their legal heirship repeatedly. It provides indemnity to organizations and individuals settling the deceased's debts and securities with the certificate holder.

The petition for a succession certificate should be filed with the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of death or where any part of the deceased's property is located.

The petition should contain details such as the time of death of the deceased, their residence or property details at the time of death, details of family or near relatives, the rights of the petitioner, and the absence of any impediment to the grant of the certificate.

Yes, the court can sometimes require a bond with one or more sureties or any other security from the petitioner for rendering an account of the debts and securities received and for indemnifying any other persons who may be entitled to a part of the deceased's debts or securities.

Yes, a succession certificate granted by an Indian court is valid throughout India.

If a succession certificate is granted by an Indian representation accredited to a foreign country, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted by an Indian court.

During the hearing, the District Judge may provide an opportunity to be heard to persons who, in their opinion, should be heard. After hearing all parties, the Judge decides the right of the petitioner to be granted the succession certificate.

The court order for granting a succession certificate specifies the debts and securities set forth in the application, empowering the person to receive interest or dividend or to negotiate or transfer or do both.

The succession certificate provides indemnity to all persons owing debts or liable on securities with regards to all payments made to or dealings had in good faith with the person to whom the certificate is granted.