Succession certificate
At JuroLegal, we provide expert legal assistance for obtaining a Succession Certificate, which is required to establish the legal right of heirs to debts, securities, bank balances, shares, fixed deposits, and other movable assets of a deceased person who has died intestate (without a will). Our experienced lawyers handle the complete process under the Indian Succession Act, 1925 — from drafting and filing the petition, publishing court notices, and representing clients before the District Court, to securing the final certificate.
The Indian Succession Act of 1925 defines a succession certificate as a document issued by civil courts in India to establish the rightful claim of legal heirs in cases where a person dies intestate, meaning they did not leave a valid will.
In instances where the owner of a property passes away without leaving a will, obtaining a succession certificate becomes necessary for the family to clearly identify the successor to the deceased individual. The holder of the succession certificate assumes the responsibilities associated with the assets and liabilities of the deceased. Essentially, the succession certificate grants legal authority to the designated individual(s) to act on behalf of the deceased. With a succession certificate in hand, the holder can pursue the collection or claim of debts and securities owed to the deceased person in accordance with succession laws. This certificate is issued by the district judge of the jurisdiction where the deceased person resided or owned property.
A succession certificate, issued by a civil court, confirms an individual as the legal heir of a deceased person, granting them the authority to manage the debts and assets belonging to the deceased.
Put simply, this certificate, obtained through court proceedings, establishes the rightful heirs, empowering them to handle the deceased person’s financial matters, including assets like insurance, mutual funds, pensions, and bank balances.
The certificate details the petitioner’s relationship with the deceased, information about other surviving legal heirs, and specifics such as the time, date, and place of death, often indicating that the deceased passed away intestate.
For immovable assets like property, a succession certificate is indispensable for legal heirs to acquire or sell the property. However, it’s important to note that possessing a succession certificate doesn’t automatically confer ownership rights to the deceased’s property, as it doesn’t establish the deceased’s title and interest in the property.
In cases where a person dies without a will (intestate), all legal heirs are entitled to inherit the deceased’s property.
Legal heirs of an individual who passes away without leaving a valid will, intestate, necessitate a succession certificate. This document serves to validate the petitioner’s status as the rightful legal heir to the deceased person’s assets. Following a comprehensive assessment, a competent civil court determines the eligibility of the petitioner to receive the succession certificate. This certificate is essential for individuals inheriting movable or immovable property in accordance with the country’s property laws, including the Hindu Succession Act, Indian Succession Act, or other community acts.
- Salary Slips/ Salary Certificate/ Form-16
- Proof of any Income from other sources such as FDR Interest/ Post Office Interest
- Form 16A – if there is any TDS deducted from Income from other sources
- Tax-Savings Investment Proofs such as LIC, PPF, PF, ELSS, Tution Fees etc. u/s 80C
- Deductions under Section 80D to 80U, if any
- Home Loan statement from Bank/any other institution (if there is a home loan)
- Aadhar Number & Pan Number
There are many details and documents that a court requires before it can issue a succession certificate. These are needed to verify the claimed ownership by the petitioner. Listed below are the required details and documents needed to obtain a succession certificate. These should be verified and attached with the petition.
- Time of the death of the person who is deceased
- Address of the deceased person at the time of death
- Property details of the person who is deceased
- List of assets, debts and securities of the person who is deceased
- Family details of the person who is deceased
- Full details of the legal heirs of the person who is deceased
- The rights of the petitioner of the succession certificate
- No Objection Certificates from other legal heirs
Most will mistake legal heir certificate and succession certificate as the same document. However, they are not.
1. Purpose
Succession certificate : The holder of a succession certificate can make transactions on the deceased person’s behalf. The holder can take over the assets, securities and debts owed to the deceased person.
Legal heir certificate : The legal heir certificate is only used as an identifier that the person who holds it is the legal heir of the deceased person.
2. Issuance
Succession certificate : The issuing authority for a succession certificate is the district court judge.
Legal heir certificate : The issuing authority for a legal heir certificate is either the municipality or the Tehsildars.
3. Specifications mentioned
Succession certificate : The succession certificate must mention the assets, debts and securities of the deceased person. As well as the relationship the petitioner has with the deceased person.
Legal heir certificate : The legal heir certificate will have a list of all the legal inheritors of the person who is deceased.
4. Consequence
Succession certificate : The holding of a succession certificate will not guarantee that you become the beneficiary of the estate or property.
Legal heir certificate : By law, the person or persons who hold the legal heir certificate are entitled to inheritance of the estate of the deceased person.
5. Timeline
Succession certificate : Succession certificate requires 45 days or more to be granted.
Legal heir certificate : Legal heir certificate needs around 15 to 20 days to be granted.
6. Assets
Succession certificate : Succession certificate includes the movable properties only.