A succession certificate is issued by a District Judge under Part X (sections 370 to 390) of the Indian Succession Act 1925 to a legal heir of a person who died without a will, or where no probate is required. It authorises the holder to collect debts and securities such as bank balances, fixed deposits, shares and provident fund dues. Heirs living abroad can apply through a lawyer, signing the petition and affidavits in their country of residence.
- Law
- Part X, Indian Succession Act 1925
- Court
- District Judge where the deceased lived
- Covers
- Debts and securities, not land
- Typical time
- 3 to 9 months if uncontested
What a succession certificate is for
Section 214 of the Act allows a debtor, such as a bank holding a deposit or a company whose shares the deceased owned, to refuse payment to an heir who has no probate, letters of administration or succession certificate. The certificate gives the payer legal protection: under section 381, payment made in good faith to the certificate holder discharges the payer, even if someone else later turns out to be entitled.
- Covered: savings and current balances, fixed and recurring deposits, shares, debentures, mutual fund units, government securities, unpaid salary or pension arrears, money lent by the deceased, and insurance or provident fund amounts where no valid nominee exists.
- Not covered: land, houses and flats. For immovable property heirs use mutation, a legal heir certificate, a will or probate. See our page on mutation and transfer.
- Not available where the debt is one for which probate or letters of administration are compulsory (section 370), for example under a will governed by section 57.
Many banks settle small claims without a certificate, using their own indemnity and affidavit forms. The threshold differs between banks, so we ask the bank first. A certificate is usually unavoidable for larger amounts, listed shares above a company's or depository's internal limit, and wherever the heirs disagree.
Nominee or legal heir: who gets the money?
Many families assume that the nominee on a bank account, demat account or insurance policy owns the money. In most cases the nominee only receives it. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023) the Supreme Court held that a nominee of shares and securities is not the beneficial owner; the legal heirs, under the will or the law of succession, are entitled. The bank or company pays the nominee and is discharged, but the nominee holds the money for the heirs.
So if a sibling in India was the nominee, the heirs abroad still have a claim to their share. If there was no nominee, or the nominee has also died, the succession certificate route is normally the way to claim. Insurance policies are different: under the Insurance Act, a nominee who is a spouse, parent or child can be a beneficial nominee, so read the policy and nomination carefully before assuming anything.
Who can apply and where
| Point | Rule |
|---|---|
| Who applies | Any person claiming as heir of the deceased; usually one heir applies with the written consent of the others |
| Which court | District Judge where the deceased ordinarily resided at death, or where the property is found if there was no fixed residence (section 371) |
| Heirs abroad | May apply through a lawyer; the petition and affidavits are signed abroad before a notary and apostilled or attested by the Indian mission |
| Other heirs | Must be named and served; those abroad can file no-objection affidavits |
| Security | The court may require a security bond or surety before issuing the certificate (section 375) |
| Court fee | Charged on the value of the debts and securities claimed, at rates set by the state |
Heirs are determined by personal law. For a Hindu who died without a will, Class I heirs under the Hindu Succession Act (widow, children, mother and certain grandchildren) share equally. Daughters, including married daughters abroad, have the same rights as sons.
How the petition proceeds
- Drafting: the petition lists the deceased's details, the date and place of death, all heirs, and each debt or security with its value (section 372).
- Consents: other heirs sign no-objection affidavits, or relinquish their share to the applicant, before a notary where they live.
- Notice and publication: the court issues notice to the heirs and publishes a general notice inviting objections, then fixes a hearing.
- Evidence: in an uncontested case a short affidavit of the petitioner is enough. Courts increasingly allow an applicant abroad to depose by video, or the attorney holder to give evidence of documents.
- Order and certificate: after court fee and any security bond, the certificate is drawn up listing each debt and security. It is presented to each bank or registrar with a claim form.
Doing it without flying to India
Most of our succession certificate clients never come to court. The petition, vakalatnama, consent affidavits and indemnities are signed where they live. Countries in the Apostille Convention need only notarisation and apostille; others need consular attestation (see apostille and attestation). A relative in India or our team acts under a power of attorney for appearances and for collecting the money.
When the funds are released, they normally go to an NRO account. Moving them abroad requires Form 15CA and a chartered accountant's Form 15CB, within the USD 1 million per financial year limit for NRO remittances.
Common reasons for delay
- Missing heirs. Leaving out a sibling who lives elsewhere, or a predeceased child's children, leads to objections or a certificate that can be revoked under section 383.
- Wrong values. Under-valuing to save court fee can be challenged; over-valuing wastes money. Use the bank's balance certificate at the date of death plus accrued interest.
- Name mismatches. A deceased known as "Gurpreet Kaur" in one bank and "G. Kaur Sandhu" in another needs a one-and-the-same affidavit.
- Foreign death certificates without apostille, or in a foreign language without translation.
Court fee and professional fees
Court fee is the main variable. Each state fixes it, generally as a percentage of the amount claimed, and the rates and caps differ considerably between, for example, Maharashtra, Delhi and Punjab. We calculate it for your figures before you decide. Professional fees are fixed for an uncontested petition, with separate quotes for any contest or for claims at several institutions.
Documents you need
Please send scans of the following. Originals are needed only for the court file and are couriered later.
- Death certificate of the deceased, apostilled if issued abroad
- List of all legal heirs with relationship, address and ID
- Bank, FD, demat and share statements showing the amounts at death
- Passport and OCI card or Indian ID of the applicant
- No-objection or relinquishment affidavits of other heirs
- Proof of the deceased's last address in India
- Power of attorney in favour of the person who will act in India
How we handle it for you
Check with the institutions
We ask each bank or company what it needs, since some small claims settle without court.
Prepare the petition
Drafting, heir consents and valuation, with signing instructions for your country.
File and publish
Petition filed, court fee paid, notices issued and published.
Hearing and certificate
Short evidence, security bond if ordered, and the certificate drawn up.
Collect and remit
Claims lodged with each institution and funds routed to your NRO account and abroad.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Can I get a succession certificate while living abroad?
Yes. The petition and affidavits are signed abroad and filed by a lawyer in India. Personal appearance is usually not needed.
Is a succession certificate needed for a house or flat?
No. It covers debts and securities. Property passes through mutation, a will or probate, or a family settlement.
How long does it take?
An uncontested petition usually takes three to nine months, depending on the court and how quickly notices are served.
What is the court fee for a succession certificate?
It is a percentage of the amount claimed, set by state law, and varies from state to state. We calculate it before filing.
What is the difference from a legal heir certificate?
A legal heir certificate is issued by a revenue officer and identifies the heirs. A succession certificate is a court order authorising collection of debts and securities.
Does the nominee get the money?
The nominee receives it, but the Supreme Court has held that legal heirs remain the beneficial owners of shares and securities.
Can one heir apply for all heirs?
Yes, with the others' consent. The certificate can be in one name, and the money is then shared as agreed.
Can the funds be sent abroad?
Yes. Inherited funds can be repatriated from an NRO account within the USD 1 million per financial year limit, with Form 15CA and 15CB.