When someone passes away without leaving a Will, their legal heirs often face difficulty accessing the deceased’s movable assets such as bank accounts, shares, or debts receivable. This is where a Succession Certificate comes into play.
It’s a document issued by a competent civil court, which authorizes the rightful legal heirs to collect the debts and securities of the deceased.
This certificate acts as conclusive proof of authority and helps streamline the transfer of movable assets from the name of the deceased to their successors.
🔍 What Is a Succession Certificate?
A Succession Certificate is a legal document issued under the Indian Succession Act, 1925, primarily for movable assets.
It declares the rightful successors of a deceased person and empowers them to collect debts and securities owed to the deceased.
It does not determine title to immovable property, nor is it a declaration of ownership.
It simply authorizes a person to represent the estate of the deceased in matters related to movable assets like:
- Bank balances
- Fixed deposits
- Shares and debentures
- Provident fund or gratuity dues
- Insurance claims
- Loans or recoverable debts
⚖️ When Is a Succession Certificate Required?
If the deceased person did not leave a Will, and the family needs to access the person’s financial assets, the heir(s) must approach the civil court for a succession certificate.
Banks and financial institutions usually insist on this certificate to protect themselves from future claims.
Even if there are multiple heirs, the court may issue the certificate jointly or to one legal heir on behalf of the others with consent.
📝 How to Apply for a Succession Certificate?
The application must be filed in the District Court where the deceased last resided or where the asset is located.
The petition must include:
- Details of the deceased (name, date of death, last residence)
- Relationship of the petitioner with the deceased
- Names and details of all legal heirs
- List of debts and securities to be claimed
The petition should be signed and verified, and supported with a death certificate and proof of legal heirship (such as Aadhaar or ration card, etc.).
Once the petition is admitted, the court issues a public notice in a local newspaper inviting objections.
If no objection is received within 45 days, the court may proceed to grant the certificate.
⚠️ Is It Mandatory?
There is no legal compulsion to obtain a succession certificate.
However, it is practically mandatory for heirs to access financial assets.
Most banks and companies will not release funds unless the heir produces this certificate.
If a Will exists, the family must instead approach the court for Probate or Letter of Administration, depending on the case.
🏛️ What Is the Court Fee for Succession Certificate?
Each State in India has its own Court Fees Act.
In Karnataka, for instance, the court fee is 2% of the value of the certificate being sought.
The fee is calculated based on the total value of debts and securities mentioned in the petition.
📘 Case Law Reference
In Kanta Yadav vs Om Prakash Yadav (2017), the Delhi High Court clarified that a succession certificate is not a conclusive title to property but merely an enabling document to recover debts and securities of the deceased.
It held that the existence of a succession certificate does not prevent others from asserting better title or rights through separate civil suits.
🔁 Difference Between Succession Certificate and Legal Heir Certificate
A legal heir certificate is often issued by the local revenue authority (such as the Tahsildar) and is commonly used for pension and gratuity claims.
However, it does not grant authority to collect debts or securities—that requires a succession certificate issued by a civil court.
🧾 Validity of Succession Certificate
A succession certificate is valid across India.
It remains in force until it is revoked by the court (which is rare and usually happens in cases of fraud or suppression of facts).
🧠 Conclusion: Need Help Applying for a Succession Certificate?
Applying for a Succession Certificate involves legal procedure, court filings, and public notices.
It’s easy to get delayed or rejected if not handled correctly.
If you are in Bengaluru or Karnataka, and need help with:
- Drafting and filing a petition for a Succession Certificate
- Responding to objections or disputes
- Handling financial institutions post-certification
It is advisable to consult a legal expert.
📧 Email: ranjinijayaram@rjpropertylaw.com
📱 Phone: 8088417193
🌐 Website: www.rjpropertylaw.com
RJ Property Law provides end-to-end assistance in succession matters, property documentation, and title checks across Karnataka.
Let us help you simplify a complex process.
❓FAQs: Succession Certificate in India
1. Can a succession certificate be granted if a Will exists?
No. If there is a Will, the rightful route is to apply for Probate or Letter of Administration, not a succession certificate.
2. Who can apply for a succession certificate?
Any legal heir of the deceased can apply. This includes spouse, children, or even parents depending on the situation.
3. Is a lawyer mandatory for obtaining a succession certificate?
While not legally mandatory, engaging a lawyer can help navigate court procedures, reduce errors, and ensure timely issuance.
4. How long does it take to get a succession certificate?
Typically between 2 to 6 months, depending on objections and court workload.
5. What happens if two heirs apply for the certificate separately?
The court will likely consolidate or choose one applicant based on merit, consent, and family hierarchy.
6. Can it be used for immovable property?
No. It is meant only for movable assets like money, securities, and debts.
7. Is it valid across India?
Yes. It is a valid court document throughout India.
8. What if there are objections?
The court will hear both sides, and may refuse or delay the certificate till the dispute is resolved.
9. Can it be revoked?
Yes, by the same court that issued it, if fraud or error is proven.
10. Is it different from Probate?
Yes. Probate is granted when there is a Will. Succession Certificate is granted when there is no Will.