A succession certificate is a court certificate that lets the legal heirs of a person who has died collect money owed to that person, such as bank deposits, shares, bonds and other debts. This guide explains when you need a succession certificate, when you do not, which court to approach, the court fee, and the process step by step.
Quick answer
A succession certificate is issued by the District Judge under Part X of the Indian Succession Act, 1925 (sections 370 to 390). It covers the deceased person’s debts and securities, such as bank balances, fixed deposits, shares and bonds, not land or houses. File a petition in the court where the person ordinarily lived, with the death certificate and details of the heirs and assets. The court publishes a notice, hears any objections and grants the certificate on payment of a court fee based on the value of the assets.
Related guide: Death certificate: how to register a death and get the certificate
What is a succession certificate?
A succession certificate names the person entitled to collect specified debts and securities of the deceased. Banks, companies and other debtors can safely pay that person, because the certificate protects anyone who pays in good faith (Indian Succession Act, s.381). It is valid throughout India.
A succession certificate does not finally decide who owns the estate. It is a summary order that allows money to be collected. A person with a better right can still go to court against the holder.
When you need a succession certificate
- a bank or financial institution refuses to release deposits without one, usually because there is no nominee or the amount is large
- shares, bonds, debentures or mutual fund units need to be transmitted and no valid nomination exists
- someone owes the deceased money, for example under a loan or a decree, and will not pay without proof of your right
- other heirs dispute who should receive the money
When you usually do not need one
- A nominee exists: the bank or company can pay the nominee. From 1 November 2025, bank customers can name up to four nominees for deposits and lockers. Note that a nominee receives the money for the legal heirs; nomination does not override succession law.
- The amount is small: many banks settle claims below their own limit on a legal heirs’ declaration and an indemnity bond, without a succession certificate.
- There is a will needing probate: where probate or letters of administration are required, a succession certificate cannot be granted (s.370). Apply for probate instead.
- For land or houses: a succession certificate does not cover immovable property. Use the will, a legal heir certificate or a court decree for property mutation.
Which court and who can apply
Apply to the District Judge within whose jurisdiction the deceased ordinarily lived at the time of death. If the person had no fixed home, apply where any part of the property is found (s.371). In many cities, the petition is heard by a civil court to which the District Judge has assigned such work.
Any legal heir can apply. If several heirs are entitled, one can apply with the written consent (no-objection) of the others, which makes the process faster. The heirs are decided by the personal law that applies to the deceased, such as the Hindu Succession Act, 1956, Muslim personal law or the Indian Succession Act.
What you need
- death certificate of the deceased
- proof of the applicant’s relationship to the deceased, and of the other heirs
- a list of the debts and securities, with account numbers, folio numbers and approximate values
- no-objection affidavits from the other legal heirs, if available
- identity and address proof of the applicant
- proof of the deceased’s residence within the court’s area
- court fee, as set by your state’s Court Fees Act
Succession certificate step by step
- List the debts and securities. Get balance or holding statements from each bank and company so that the petition lists every item you need.
- Collect death and family proofs. Get the death certificate, relationship proofs and, ideally, no-objection affidavits from other heirs.
- File a petition before the District Judge. The petition must state the date of death, the place of residence, the family and near relatives, your right to the certificate, that there is no legal bar, and the debts and securities claimed (s.372). It must be signed and verified.
- Notice to heirs and in a newspaper. The court fixes a hearing date, sends notice to the heirs and publishes a public notice, usually giving about 45 days for objections (s.373).
- Hearing and any objections. If no one objects, the court can decide on the documents and a short statement. If there are objections, the court decides summarily who has the better right.
- Pay the court fee. The court directs payment of the fee on the value of the debts and securities, and may ask for a security bond (s.375).
- Collect the certificate. Present a certified copy to each bank or company, which will then release the money or transfer the securities.
What the succession certificate petition must state
Section 372 of the Indian Succession Act, 1925 lists what a succession certificate petition must contain. Courts return petitions that miss any of these, so check them before filing:
- The date of death of the deceased.
- Where the deceased ordinarily lived at the time of death, or where their property is, to show the court’s jurisdiction.
- The family and other near relatives of the deceased, with their addresses.
- The right in which you claim, for example as son, widow or daughter.
- That there is no legal impediment to granting the certificate, and no earlier certificate or probate for the same estate.
- A list of the debts and securities for which you want the succession certificate, with account or folio numbers and amounts.
The petition is signed and verified by the petitioner, usually with an affidavit, and the court fee is calculated on the value of the debts and securities listed.
Succession certificate for shares, mutual funds and deposits
Companies, registrars and mutual funds often ask for a succession certificate when there is no nominee and no will. For smaller holdings, SEBI’s simplified transmission rules let them accept an affidavit, an indemnity bond and no-objection letters from the other heirs instead, up to a value limit. Ask the registrar or fund house for its current limit before going to court, because a succession certificate takes months and the court fee rises with the value.
For Provident Fund, gratuity and pension, the employer or EPFO usually pays the nominee or family members under their own rules, so a succession certificate is rarely needed.
Court fee and timeline
| Item | What to expect |
|---|---|
| Court fee | A percentage of the value of the debts and securities, set by each state’s Court Fees Act. It can be significant for large amounts, so check your state’s rate |
| Security bond | The court may ask the applicant to give a bond, with or without sureties (s.375) |
| Notice period | Usually about 45 days from publication for objections |
| Total time | Often a few months if no one objects; longer if the application is contested |
| Appeal | To the High Court against the grant or refusal (s.384) |
Succession certificate, legal heir certificate and probate
| Document | Issued by | Used for |
|---|---|---|
| Succession certificate | District Judge (court) | Collecting bank deposits, shares, bonds and other debts |
| Legal heir certificate | Tehsildar or revenue office | Pension, service dues, utility transfers, property mutation |
| Probate | District Judge or High Court | Proving a will and carrying out its terms |
See our guide to the legal heir certificate for the revenue process.
Common mistakes to avoid
- Leaving out an asset from the petition. The certificate covers only the debts and securities listed in it, so you may need to apply again to extend it (s.376).
- Not informing other heirs. Hidden heirs can later have the certificate revoked (s.383).
- Applying for land or a house. A succession certificate is not the route for immovable property.
- Ignoring probate requirements where the will must be probated, for example in some cities like Mumbai, Kolkata and Chennai.
- Giving false information. The petition is verified and false statements are an offence.
Frequently asked questions
Is a succession certificate needed if there is a nominee?
Usually not for the bank or company to release the money, because it can pay the nominee. But the nominee holds the money for the legal heirs, so heirs can still claim their share.
Can I get a succession certificate for land or a house?
No. A succession certificate covers only debts and securities. For land or a house, use the will, a legal heir certificate or a court decree for mutation.
How long does a succession certificate take?
If there are no objections, often a few months. The notice period alone is usually about 45 days. Contested cases take longer.
Can one heir get the succession certificate for all?
Yes, especially if the other heirs give written consent. The holder must then share the money according to the law of succession.
Can a succession certificate be cancelled?
Yes. The court can revoke it if it was obtained by fraud, by hiding facts, or if it has become useless (s.383).
Can I get one succession certificate for several bank accounts?
Yes. List every debt and security in the petition. The court can grant one succession certificate covering all of them, and you can ask later to extend it to items you missed (section 376).
Do all legal heirs have to join the succession certificate petition?
No. One heir can file, but the other heirs must be named and the court sends them notice. Their written consent or no-objection usually speeds up the case.
Is a succession certificate valid across India?
Yes. A succession certificate granted by a court in India has effect throughout India for the debts and securities it covers.
Where can I get ready-to-use documents for a succession certificate claim?
Banks often ask for an indemnity bond from heirs. Use CIVL’s indemnity bond format, and for family arrangements the relinquishment deed format.
CIVL format
Prepare the supporting papers
Use CIVL’s indemnity bond format for bank claims and the will format to plan your own estate. Read about the legal heir certificate and property mutation. Still stuck? Ask CIVL.