Succession Certificate
A succession certificate is a civil court’s order that lets an heir collect the debts and securities of a person who died, such as bank deposits, shares and debentures. You apply by petition under Section 372 of the Indian Succession Act, 1925, and the court decides after public notice. We draft the petition papers for your review and list every debt and security with you.
What it is
A succession certificate is granted under Part X of the Indian Succession Act, 1925. It names the debts and securities it covers and gives the holder power to receive interest and dividends, to negotiate or transfer the securities, or both (Section 374).
“Securities” here has a set meaning in Section 370: government securities, stocks, debentures and shares of companies, securities of local authorities, and others notified by the State Government. A debt is money owed to the deceased, such as a bank balance.
The certificate matters because of Section 214: no court will pass a decree against a debtor of the deceased in favour of someone claiming by succession unless that person produces a probate, letters of administration or a succession certificate.
Who it applies to
A parent died without a will
An heir uses the certificate to collect deposits, shares or money owed to the deceased.
The bank has asked for it
A bank or company may ask for one before releasing a large deposit or transferring shares to an heir.
The deceased had lent money
If the deceased had lent money, the heir needs the certificate before a court will decree recovery from the borrower.
Why it matters
Give the bank full cover
Under Section 381 the certificate is conclusive against people who owe the deceased, and fully protects payments made to the holder in good faith.
Cover many assets at once
A single petition can cover several debts and securities, and the court can extend the certificate to more later under Section 376.
Keep the nominee question straight
In Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), the Supreme Court held that a nominee does not become the absolute owner. Succession law decides who inherits.
Which document do you need?
| Succession certificate | Legal heir certificate | Probate | |
|---|---|---|---|
| Granted by | District Judge (Section 371) | Tehsildar, revenue department | District Judge or High Court |
| Used when | Collecting debts and securities | Proving who the heirs are | Proving a will and the executor’s authority |
| Process | Petition, notice, hearing | Application and verification | Petition, citations, hearing |
| Effect | Conclusive against debtors (Section 381) | Proof of family details | Establishes the will |
Section 370 sets one limit: no succession certificate is granted for a debt or security where Section 212 or 213 requires letters of administration or probate. If there is a will, we check that first.
In practice, a family often needs more than one. Picture a Faridabad shopkeeper who dies without a will, leaving his wife, two sons, fixed deposits and a demat account. The legal heir certificate from the Tehsildar can update the land records, but the deposits and shares will usually need a succession certificate from the court.
Documents required
About the deceased
- Death certificate
- Proof of ordinary residence at the time of death
- Copy of any will, if one exists
About the assets
- List of debts and securities with account, folio or certificate numbers
- Latest bank, demat or share statements
- Any letter from the bank or company asking for the certificate
About the family
- Names, ages and addresses of all heirs
- ID and address proof of the petitioner
- No-objection or consent letters from other heirs, where given
How it works
List the debts and securities
We prepare a schedule of every deposit, share and debt the certificate should cover, so nothing has to be added later.
Draft the Section 372 petition
The petition states the time of death, the deceased’s residence, the family, the petitioner’s right, the absence of any impediment, and the debts and securities claimed. We draft it for your review.
File in the right court
The petition goes to the District Judge where the deceased ordinarily resided, or where any property is found if there was no fixed home (Section 371). A practising advocate signs, files and argues it.
Serve notice and attend the hearing
Under Section 373 the judge fixes a hearing date, has notice served and posted, and decides the right to the certificate in a summary manner.
Give security and collect
The judge can ask for a bond with surety under Section 375. Once it is given, the certificate issues and you present it to the bank or company.
Timelines
Expect no statutory deadline
The Act does not set a deadline for deciding the petition. The hearing date and notice under Section 373 set the pace.
Plan for objections
If another heir objects, the court still decides summarily, and can grant the certificate to the person with the best prima facie title.
Appeal to the High Court if needed
An order granting or refusing the certificate can be appealed to the High Court under Section 384, within the time the Code of Civil Procedure allows.
What happens if you don’t have one
Deposits stay frozen
Here is the catch: a bank that wants Section 381 protection may refuse to release the balance until it sees a certificate. The money stays where it is until you produce one.
Recovery suits fail
Say your late father lent money to a business in Palwal against a written note. Under Section 214, a court will not decree repayment to you without a certificate, probate or letters of administration.
Shares cannot move
Shares and debentures stay in the deceased’s name, and dividends pile up unpaid. Once you have the certificate, we help with the share transfer paperwork.
Frequently asked questions
What does a succession certificate cover?
It covers the debts and securities named in it, and nothing else. Under Section 374 of the Indian Succession Act, 1925, it lets the holder receive interest and dividends, and negotiate or transfer the securities. It does not cover land or a house; those pass under succession law and are recorded through the revenue office or a will. We list every debt and security so the certificate does the whole job.
Which court grants a succession certificate?
The District Judge where the deceased ordinarily resided at the time of death, under Section 371. If the deceased had no fixed residence, it is the court where any of the property is found. Under Section 388 a state can also empower lower civil courts to grant certificates. We check which court has jurisdiction before the petition is drafted, so it is filed in the right place.
What must the Section 372 petition contain?
Six things: the time of death, the deceased’s residence, the family and relatives, the petitioner’s right, the absence of any impediment, and the debts and securities claimed. It is signed and verified in the manner the Code of Civil Procedure, 1908 prescribes, and a false statement in it is an offence. We draft each part from your documents and you check it before signing.
How long does a succession certificate take?
The Act sets no fixed period. Under Section 373 the court fixes a hearing date, serves and posts notice, and then decides in a summary manner. If questions are too intricate, it can still grant the certificate to the person with the best prima facie title. Objections from other heirs add hearings. Complete papers and consent letters from the family keep it moving.
Is the nominee on a bank account entitled to keep the money?
No, not as owner. The Supreme Court held in Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023) that a nominee does not become the absolute owner; succession law decides who inherits. The bank may pay the nominee, but the other heirs can still claim their shares. Where there is no nominee, or the bank wants protection, a succession certificate is the clean route.
Will the court ask for a bond?
It can. Section 375 lets the District Judge require a bond, with one or more sureties or other security, before the certificate is granted. The bond protects anyone who later turns out to be entitled to the money. The amount is the judge’s decision. We help you prepare the bond and surety papers once the order is made, so the grant is not delayed.
Can more assets be added later?
Yes. Under Section 376 the District Judge can extend the certificate to debts or securities not mentioned in it, and the extension has the same effect as the original. Listing everything in the first petition saves a second round of hearings. We go through the deceased’s statements carefully to catch every folio and account.
Can a succession certificate be revoked?
Yes, on the grounds in Section 383: defective proceedings, fraud or concealment, an untrue essential allegation, the certificate having become useless, or a later decree of a competent court. Under Section 389 the holder must then surrender it, and wilful failure can bring a fine of up to ₹1,000 or three months’ imprisonment. An honest, complete petition is the best protection.
Does the heir have to pay the deceased’s taxes?
Yes, the deceased’s tax dues still have to be settled. Under Section 159 of the Income-tax Act, 1961, the legal representative is liable for any sum the deceased would have had to pay, so the returns up to the date of death still have to be filed, even while the certificate is pending. Our team can handle the final income tax return for you.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Under Section 379 the petition is accompanied by court fee under the Court-Fees Act, 1870, as applied in your state. Any excess deposited is refunded. We confirm the current figure before filing.
Ready to begin?
Send us the death certificate and the list of deposits and shares, and we will prepare your succession certificate papers.