Legal means



A succession certificate is one certificate which is received by the successor or the heir of a deceased person, who in turn has not prepared a will for acknowledgement of the successor. Due to this, the succession certificate is issued to the successor to establish authenticity and provide him with the authority of the debts and securities of the deceased person. Anyone who gets the certificate can transfer all the security & payment of debts with him even before the legal heir is established. 


Issuance of Succession Certificate

A district judge of the relevant jurisdiction can issue a succession certificate. The place where the deceased person lived at the time of death is referred to as the relevant jurisdiction. In case if no such place could be found, then wherever the body of the deceased is found, it would be the appropriate jurisdiction. 


Necessary details required

To file a petition, the following details are to be furnished:

Time of death of the deceased.

Permanent residence of the deceased at the time of death.

The relatives, along with the family members with their residence addresses.

Rights of the petitioner.

The debts and securities have to be listed.


How to get a Succession Certificate

To have a succession certificate, then the following pROCedure has to be followed, which has been mentioned below: 

The applicant has to prepare for a petition, verify it and later sign it.

Then the petition has to be submitted to the district judge after paying the court fee in the most appropriate jurisdiction. 

The judge inspects the application. If everything is fine, he fixes a day for hearing for the same and also notifies the person whom he thinks is fit. 

Later the judge hears the parties involved, their concerns and decides if the applicant can apply for the application or not. If the judge finds no problem, he himself issues the certificate and give it to him.

If there is any loss which happens by misusing the succession certificate, then for that purpose, the applicant has to provide a bond along with some sureties to take care of the losses to the district judge.

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FAQ - Frequently asked questions

When can courts grant a Succession Certificate?

After hearing all parties, the Judge can decide the right of the petitioner, to be granted the Succession Certificate. The Judge would then pass an order to grant a certificate specifying the debts and securities set forth in the application empowering the person to receive interest or dividend or to negotiate or transfer, or both.

What are the restrictions on issuing a Succession Certificate?

A court can sometimes require a bond with one or more surety or sureties or any other security, for rendering an account of debts and securities received by the petitioner of a Succession Certificate. This is for indemnifying the persons who may be entitled to any part of the debt or securities.

What is the geographical validity of a Succession Certificate?

A Succession Certificate is valid throughout the entire nation of India.

What is the procedure to be followed in case a Succession Certificate is issued in a foreign country?

If a certificate is granted in a foreign country, by an Indian representation accredited to that country, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect in India as a certificate granted in India.

What is meant by Letters of Administration?

If someone dies intestate, before administration of the estate is entrusted to someone or when no executor is appointed under the will of deceased or when an executor is appointed but he refuses to act, then the Letters of administration may be issued. These are issued to entitle the administrator to all the rights required for the effective administration of the estate of the deceased.