Learn how to get a succession certificate in India. Here is a guide to apply online or through court, timelines, legal heir eligibility, and required documents.
When a loved one passes away without leaving behind a will, dealing with their financial assets can be emotionally and legally overwhelming. If you’re wondering how to get a succession certificate in India, this comprehensive guide breaks down everything you need to know – from eligibility to procedure and timelines.
🔍 What is a Succession Certificate?
A Succession Certificate is a legal document granted by a civil court that gives authority to the legal heirs of a deceased person to inherit their debts, securities, and movable assets. It is essential for accessing bank accounts, insurance, shares, or other financial instruments held in the deceased person’s name.
⚖️ Difference Between a Succession Certificate and Legal Heir Certificate
Many people confuse the two, but here’s the key difference:
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Succession Certificate: Grants rights over movable assets like debts and securities.
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Legal Heir Certificate: Used to establish the identity of heirs for purposes like property mutation, pension claims, etc.
If you’re looking for how to get a legal heir certificate in India, be aware that it’s usually issued by local revenue authorities, while a succession certificate is granted by a civil court.
📝 How to Get a Succession Certificate in India?
If you’re wondering how to make a succession certificate in India, here is the step-by-step process:
1. Determine Jurisdiction
File a petition in the District Court having jurisdiction over the place where the deceased resided at the time of death.
2. Draft and File the Petition
The petition should include:
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Full name, date of death, and address of the deceased
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Relationship of the petitioner with the deceased
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Names and details of all legal heirs
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A list of debts and securities (with estimated values)
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Copy of the death certificate
3. Verification and Public Notice
Once filed, the court will:
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Verify the contents
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Issue notices to legal heirs
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Publish a notice in a local newspaper inviting objections (usually within 45 days)
If no objections are raised, the case proceeds.
4. Court Hearing
After the notice period ends and in the absence of disputes, the court will conduct a hearing. You may need to submit an affidavit and produce witnesses if required.
5. Issuance of Certificate
Upon satisfaction, the court issues the Succession Certificate, which empowers the petitioner to collect and manage the deceased’s movable assets.
🌐 How to Apply for Succession Certificate Online
Although the process is court-based, some jurisdictions now allow e-filing through the official state judiciary portals. Here’s how to apply for succession certificate online:
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Visit your state’s district court e-filing portal
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Register as a user
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Fill out the petition form
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Upload necessary documents
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Pay court fees online
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Track your case status digitally
Note: Physical presence may still be required during hearings.
⏳ How Much Time It Takes to Get Succession Certificate from Court
On average, it takes 2 to 6 months to obtain a Succession Certificate, depending on:
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Objections from other heirs
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Court backlog
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Completeness of documentation
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Jurisdiction and state-specific timelines
So, if you’re wondering how much time it takes to get succession certificate from court, keep a buffer of several months, especially in metro cities.
💰 Court Fees and Documentation
Court Fees:
Court fees vary by state but are usually a small percentage of the asset value, payable via judicial stamps.
Required Documents:
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Death Certificate
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ID proof and address proof of the petitioner
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Legal heir details
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List and valuation of assets
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No-objection certificates (if applicable)
🔖 FAQs
Q. Can I apply for a succession certificate without a lawyer?
Yes, but legal guidance is highly recommended to avoid procedural delays.
Q. Is a succession certificate valid for immovable property?
No. It is only applicable for movable assets like bank accounts, shares, or insurance.
Q. Can NRIs apply for a succession certificate?
Yes. NRIs can file through a power of attorney or appear virtually if allowed by the court.
✅ Concluding: How to Get Succession Certificate India – Made Easy
Knowing how to get succession certificate from court or how to get succession certificate India can save you from unnecessary delays. Whether you go through a lawyer or take the DIY route, make sure you follow due process and keep all documents in order.
If you’re also curious how to get a legal heir certificate in India, it’s a separate process, usually handled by the local tehsildar or municipal authority, not the court.
📞 Have Questions or Need Help?
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This content is for general informational purposes only and does not constitute legal advice.