Succession certificate

What it is

A succession certificate is an order of a civil court, granted under Part X of the Indian Succession Act, 1925, that lets the person who holds it collect specific debts and securities of someone who has died.

• A debt here means money owed to the person who died — a bank deposit, a loan they gave, dues from an employer or a company.
• A security includes government securities, shares and debentures of a company, and securities issued by a local authority (Section 370).

The certificate lists each debt and security it covers (Section 374). It can also empower the holder to receive interest or dividends on the securities, or to transfer them, or both. It has effect throughout India (Section 380).

Its value is the protection it gives to whoever pays. A bank, company or other debtor who pays the holder in good faith is fully protected, even if the certificate later turns out to be defective (Section 381). That is why institutions ask for it.

When it applies

You need one when:

• a bank, company, registrar of shares, employer or other debtor asks for it before releasing what it owes the person who died; or
• you have to go to court to recover a debt owed to the deceased. A court will not pass a decree or execute one against such a debtor in favour of an heir unless the heir produces a succession certificate (or probate, letters of administration or one of the other certificates the section lists) covering that debt (Section 214).

It is the usual route where there was no will. Where there is a will, the route to collect may be probate instead; show the will to an advocate first. Section 370 bars a certificate for a debt or security where Section 212 requires letters of administration — but Section 212 does not apply to the property of Hindus, Muslims, Buddhists, Sikhs, Jains, Indian Christians or Parsis, so for most families this bar does not arise.

It does not cover a house or land. If the institution only needs proof of who the heirs are, a legal-heir certificate from the revenue office may be enough. Ask the institution in writing which it needs.

The steps and timeline

1. The petition. A petition is filed before the District Judge of the area where the deceased ordinarily lived at death; if they had no fixed residence, where any of their property is found (Section 371). Some states have empowered lower civil courts to hear these too (Section 388). The petition is signed and verified like a plaint under the Code of Civil Procedure, and must state (Section 372):

• the time of the death;
• the deceased person's ordinary residence at the time of death, and, if that was outside the court's area, the property within it;
• the family and other near relatives of the deceased, and where they live;
• the right in which you claim;
• that there is no legal bar to the grant; and
• the debts and securities for which you want the certificate.

A false statement in the petition that the person verifying it knows or believes to be false is an offence (Section 372).

2. The court fee deposit. A sum equal to the court fee is deposited with the petition (Section 379). The rate is set by your state's court-fees law and depends on the value of the debts and securities. If the certificate is granted, the deposit is used for the court fee; any part not used is refunded.

3. Notice. If the judge finds ground to proceed, the court fixes a day for the hearing, serves notice on anyone who should be specially told — usually the other heirs — and posts notice at the court-house, with any further publication the judge directs under the High Court's rules (Section 373).

4. The hearing. On the day fixed, or soon after, the judge decides the right to the certificate in a summary way — on the papers and a short hearing, not a full trial. If a question is too complex for that, the judge may still grant the certificate to the person who appears to have the best title (Section 373).

5. Security, if required. The judge may ask the person getting the certificate to give a bond with sureties, or other security, to account for what they receive and to protect the other heirs (Section 375).

6. The certificate. The court grants the certificate listing the debts and securities. If something was left out, the holder can ask the District Judge to extend it (Section 376).

Timeline. The Act sets no time limit for the decision. It depends on the court, on serving notice on the family, and on whether anyone objects.

Documents needed

• Death certificate of the deceased.
• Proof of the deceased person's residence at the time of death.
• A list of the family and near relatives, with addresses.
• Proof of your relationship to the deceased.
• Your identity and address proof.
• Details of each debt and security: passbooks, deposit receipts, account statements, share certificates or folio numbers, letters from the employer or company.
• The institution's written request for a succession certificate, if you have one.
• Consent or no-objection letters from the other heirs, if they agree — your advocate will tell you the form your court accepts.

Typical cost

There are two parts:

• Court fee — set by your state's court-fees law, as a charge depending on the value of the debts and securities the certificate covers. Your advocate will work it out for your state.
• The advocate's fee — it varies with the court, the number of debts and securities, and whether anyone objects. The advocate quotes their own fee before you pay anything.

There may also be charges for publishing notice, if the court directs it, and for certified copies.

What the advocate does

An independent advocate from our panel will:

• check whether you need a succession certificate at all, or whether a legal-heir certificate or another route fits;
• draft the petition with the particulars Section 372 requires, and list every debt and security correctly;
• work out the court fee for your state and file the petition;
• arrange notice to the other heirs and appear at the hearings;
• deal with objections, and with any bond or security the court asks for; and
• obtain the certificate, and an extension later if needed.

The self-serve document that comes before it

There is no self-serve document that replaces the petition: it is filed in court, so it should be filed by the advocate who will appear for you. If you are planning ahead for your own family, a properly witnessed will makes it clearer who gets what. If you need to understand the whole picture after a death first, read Someone died: succession certificate and legal-heir certificate.

Mistakes that sink people

• Leaving an heir out. A certificate obtained by concealing something material can be revoked (Section 383).
• Missing a debt or security. The certificate covers only what it lists.
• Using it to settle a family dispute. The certificate does not decide ownership finally (Section 387).
• Applying when the institution wanted something else. Ask in writing first.