Heirs in South Africa sign the petition affidavit and consents before a South African notary, have them apostilled, and we file in the Indian civil court where the deceased lived or held assets. After notice and publication, an unopposed certificate is usually granted in four to eight months. If the deceased lived in South Africa, the death certificate from Home Affairs, apostilled by DIRCO, is filed with the petition.
- Document route
- South African notary, then apostille from a High Court registrar or DIRCO
- Time difference
- IST is 3h30 ahead of South Africa all year (no daylight saving)
- Law
- Part X, Indian Succession Act 1925
- Court
- District Judge where the deceased lived
Succession Certificate from South Africa: how it works
We list each debt or security to be covered, such as savings accounts, fixed deposits, company shares and mutual fund units, and prepare the petition with a family tree showing all heirs under the applicable law. Non-petitioning heirs in South Africa sign no-objection affidavits before a notary and obtain the High Court registrar's apostille. Where the deceased died in South Africa, an unabridged death certificate from Home Affairs is preferred, because it shows more detail than the abridged version.
The court issues notice to heirs and publishes a general notice. If no objection is filed, it grants the certificate on payment of court fee calculated on the value of the assets. Banks and companies then release funds to the certificate holder, often after an indemnity bond. A South African letter of executorship cannot replace the Indian certificate, but it is useful supporting evidence of who administers the South African estate and who the heirs are.
What clients in South Africa should know
- If the estate is also being administered by the Master of the High Court in South Africa, keep the two sets of papers consistent on heirs and shares.
- Funds received in South Africa from India may need to be declared to SARS, and the South African bank may ask for proof of source.
- Where land in India is involved, a succession certificate does not help; mutation or a probate or administration grant is needed.
Step by step from South Africa
Video consultation
A call at a time that suits South Africa, after we have read your documents.
Documents signed in South Africa
South African notary, then apostille from a High Court registrar or DIRCO
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in South Africa where needed.
The full guide
This page covers what changes when you are in South Africa. For the law, the documents and the step-by-step procedure, read our main page on Succession Certificate, or see all services for clients in South Africa and the Inheritance & Documents practice area.
Questions from clients in South Africa
Can a South African executor obtain an Indian succession certificate?
The certificate goes to the person entitled under succession law, who may or may not be the executor. Where there is a will, letters of administration are usually the right route.
Do all heirs need to sign?
The petitioner signs, and other heirs give consent or are served with notice. Consents speed things up considerably.
Which court should we apply to?
The court where the deceased ordinarily lived at death, or, if that was South Africa, where any part of the Indian property is located.