Last updated: 18 October 2026
Short answer: A succession certificate is granted by a civil court under Part X (sections 370 to 390) of the Indian Succession Act, 1925 to let an heir collect the debts and securities of a person who has died, such as bank balances, fixed deposits, shares, debentures and amounts owed to the deceased. You file a verified petition before the District Judge of the place where the deceased ordinarily resided, listing the heirs and the debts and securities. The court issues public notice, hears any objections, decides summarily and grants the certificate, often on a security bond. Court fee is charged on the value of the assets at rates that differ from State to State. A succession certificate does not cover land or houses.
Who needs a succession certificate?
You usually need one when a person dies without a will, leaving money or securities that the holder (a bank, company, depository, employer or debtor) will not release to the family without a court document. Section 381 makes the certificate conclusive against the persons who owe those debts or are liable on those securities, and protects anyone who pays the certificate holder in good faith. That statutory protection is why institutions ask for it.
You may not need one where a valid nomination exists and the institution pays the nominee, or where the institution settles small claims on an indemnity under its own policy. Remember that a nominee generally receives the money as a trustee for the legal heirs, so nomination does not decide who ultimately owns it.
Succession certificate vs legal heir certificate vs probate
| Point | Succession certificate | Legal heir certificate | Probate |
|---|---|---|---|
| Issued by | District Judge (or a court empowered under section 388) | Revenue authority, usually the Tehsildar | Court of competent jurisdiction |
| When used | No will; to collect debts and securities | To identify family members for administrative purposes: pension, family claims, utility and record transfers | There is a will; certifies the will and the executor’s authority |
| Covers | Only the debts and securities listed in it | Does not transfer any asset by itself | The estate covered by the will |
| Legal effect | Conclusive against debtors; indemnity to those who pay in good faith (section 381) | Evidence of relationship; accepted at the discretion of the receiving office | Conclusive as to the validity of the will |
| Compulsory? | Required by many institutions in practice | As required by the office concerned | No longer mandatory anywhere after section 213 was omitted by the Repealing and Amending Act, 2025, but still available |
For immovable property left without a will, heirs normally apply for mutation in revenue or municipal records on the basis of inheritance. In Uttar Pradesh, our guide to the legal heir certificate and varasat in UP explains the revenue route.
Which court?
Under section 371, the application goes to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death. If the deceased had no fixed place of residence, it goes to the District Judge within whose jurisdiction any part of the property is found. Section 388 allows the State Government to empower courts below the District Judge to exercise these powers, in which case they have concurrent jurisdiction, so check which court in your district hears these petitions.
What the petition must contain
Section 372 requires a petition signed and verified like a plaint under the Code of Civil Procedure, setting out:
- the time of the deceased’s death;
- the deceased’s ordinary residence at that time and, if outside the court’s limits, the property within its limits;
- the family or other near relatives of the deceased and their residences;
- the right in which the petitioner claims;
- the absence of any impediment under section 370 or any other law to the grant;
- the debts and securities for which the certificate is sought.
A false statement in the verification is a punishable offence, so list every heir, including married daughters and heirs living abroad.
Documents to collect
| Document | Purpose |
|---|---|
| Death certificate | Proves date and place of death |
| Proof of the deceased’s ordinary residence | Establishes the court’s jurisdiction |
| Family tree with names, ages, relationship and addresses of all heirs | Clause (c) of section 372 |
| Statements, passbooks, FD receipts, share and demat statements, debt documents | Identify and value each debt and security |
| Identity proof of the petitioner | Identification |
| No objection affidavits from other heirs, if they consent | Speeds up an uncontested petition |
| Legal heir certificate or family register extract, if available | Supporting evidence of relationship |
For the format of the consent affidavits, see our guide to affidavit formats.
Step by step procedure
- File the petition with the documents and the required court fee or deposit as per local practice.
- Notice. If the judge finds ground to entertain it, a hearing date is fixed. Under section 373(1), notice goes to persons the judge thinks should receive special notice (usually the other heirs), is posted in the court house and is published in any other manner the judge directs, commonly a newspaper.
- Objections and evidence. Anyone claiming a better right may object. The petitioner usually files an affidavit in evidence.
- Summary decision. The judge decides the right to the certificate in a summary manner. If the question is too intricate for summary decision, the certificate may be granted to the applicant who appears to have the best prima facie title (section 373(3)). Where several applicants have an interest, the judge may consider the extent of each one’s interest and their fitness.
- Security bond. Under section 375, security is compulsory where the judge proceeds under section 373(3) or (4) and optional in other cases. The bond, with sureties or other security, ensures the holder accounts for what is collected and protects others entitled to it.
- Grant. The certificate specifies the debts and securities it covers and the powers granted, such as receiving interest or dividends, or negotiating or transferring securities.
Court fee and timeline
Court fee is ad valorem: a percentage of the value of the debts and securities covered, fixed by each State’s court fee law. Rates, slabs and caps differ widely between States, so check the current schedule in your State before valuing the assets, and value them accurately, since the certificate covers only what is listed.
Timeline: the Act fixes no deadline. The minimum is the notice period fixed by the court plus the hearing dates; a contested petition can take much longer. Filing consent affidavits from all other heirs at the start is the single most effective way to shorten it.
Free sample: opening paragraphs of the petition
IN THE COURT OF THE DISTRICT JUDGE, [DISTRICT]
Succession Case No. ____ of [year]
In the matter of the estate of late [name], resident of [address]
[Name of petitioner] … Petitioner
PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 FOR GRANT OF A SUCCESSION CERTIFICATE
1. Late [name] died intestate on [date] at [place]. A copy of the death certificate is annexed.
2. At the time of death the deceased ordinarily resided at [address], within the jurisdiction of this Court.
3. The deceased left the following legal heirs: [name, relationship, age, address of each].
4. The petitioner is the [relationship] of the deceased and claims the certificate as [heir / on behalf of all heirs]. The other heirs have given their consent by affidavits annexed.
5. There is no impediment under section 370 of the Act or any other law to the grant of the certificate. The deceased left no will.
6. The debts and securities for which the certificate is sought are set out in the Schedule, with a total value of Rs [ ].
PRAYER: The petitioner prays that a succession certificate be granted to him/her in respect of the debts and securities in the Schedule, with power to receive interest and dividends and to negotiate or transfer them.
[Schedule of debts and securities]
[Verification and signature]
Need the complete, editable set? The Lexfolio Will and Succession Kit includes an editable succession certificate petition with schedule, consent affidavits for other heirs and a documents checklist, along with will, codicil and relinquishment deed formats.
After the grant
- Extension: if more debts or securities come to light, apply to extend the certificate under section 376 instead of filing afresh.
- Revocation: section 383 allows revocation if the proceedings were defective in substance, the grant was obtained by fraud or concealment, or by an untrue allegation of an essential fact, or for other listed reasons.
- Appeal: an order granting, refusing or revoking a certificate is appealable to the High Court under section 384.
- Not a final word on title: under section 387, the decision does not bar a later suit between the parties on the same right.
Planning ahead avoids all of this. A properly executed will, explained in our guide on how to write a will in India, saves your family a court petition for most assets.
Frequently asked questions
Can a succession certificate be used for a house or land?
No. It covers only the debts and securities listed in it. Immovable property passes by inheritance and is reflected through mutation, or through probate or letters of administration where there is a will or administration is needed.
Can one heir apply on behalf of all?
Yes. One heir commonly applies with the written consent of the others. The holder must account to the other heirs for their shares.
Is a legal heir certificate enough instead?
It depends on the institution. Many accept a legal heir certificate with indemnity for smaller amounts, but a legal heir certificate does not carry the statutory protection of section 381, so others insist on a succession certificate.
How much is the court fee?
It is a percentage of the value of the assets covered, set by your State’s court fee law. Check the current State schedule.
Where do I file if the deceased lived in one city and the bank is in another?
Before the District Judge of the place where the deceased ordinarily resided at the time of death, regardless of where the bank branch is.
*This article is general information, not legal advice.*
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