Succession Certificate

June 11, 2019

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What is a Succession Certificate?

A succession certificate is a document that is granted to the legal heirs of a deceased. The issuing authority is civil courts in the jurisdiction of which the deceased resided. Such certificate is granted in cases where a person dies without leaving a will. Such a person is said to have died intestate.

What Does a Succession Certificate do?

A succession certificate is an important document which is essential as:

It is used to establish authority of the successor over the property of the deceased.
It is used to realise the debts which were due on the deceased.
It is important for transfer od securities of the deceased to the legal heir.
It is mandatory for claiming other assets such bank balance, fixed deposits, shares, mutual fund and investments etc.

Essentials of a Petition for Succession Certificate

Time, date and place of death of deceased.
List of rights of the petitioner.
Death Certificate
Evidence of relation between the legal heir and the deceased.
The property, debt and securities in respect of which the certificate is made.
Petitioner must sign and verify the petition.
The residence of the relatives and family of the deceased must be mentioned.
Residence details of the deceased at the time of death.

Procedure to Obtain a Certificate of Succession

Present the petition in the court with the aforementioned details and documents.
On receiving the petition, the court issues a notice in the newspapers along with a notice to all the respondents for anyone to raise any objection within 45 days.
If no such objection is received the court shall grant the certificate.

Court Fee

The court, to issue a certificate of succession, levies a fixed percentage of the value of assets.

Restriction to Issuance of a Certificate

Sometime, a court may require a bond with one or more sureties or any other security by the petitioner. This is in order to indemnify the persons who may be entitled to any part of the debt or securities.