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Tag: probate

  • Succession Certificate Procedure: Court, Fee, Documents

    Succession Certificate Procedure: Court, Fee, Documents

    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

    PointSuccession certificateLegal heir certificateProbate
    Issued byDistrict Judge (or a court empowered under section 388)Revenue authority, usually the TehsildarCourt of competent jurisdiction
    When usedNo will; to collect debts and securitiesTo identify family members for administrative purposes: pension, family claims, utility and record transfersThere is a will; certifies the will and the executor’s authority
    CoversOnly the debts and securities listed in itDoes not transfer any asset by itselfThe estate covered by the will
    Legal effectConclusive against debtors; indemnity to those who pay in good faith (section 381)Evidence of relationship; accepted at the discretion of the receiving officeConclusive as to the validity of the will
    Compulsory?Required by many institutions in practiceAs required by the office concernedNo 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:

    1. the time of the deceased’s death;
    2. the deceased’s ordinary residence at that time and, if outside the court’s limits, the property within its limits;
    3. the family or other near relatives of the deceased and their residences;
    4. the right in which the petitioner claims;
    5. the absence of any impediment under section 370 or any other law to the grant;
    6. 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

    DocumentPurpose
    Death certificateProves date and place of death
    Proof of the deceased’s ordinary residenceEstablishes the court’s jurisdiction
    Family tree with names, ages, relationship and addresses of all heirsClause (c) of section 372
    Statements, passbooks, FD receipts, share and demat statements, debt documentsIdentify and value each debt and security
    Identity proof of the petitionerIdentification
    No objection affidavits from other heirs, if they consentSpeeds up an uncontested petition
    Legal heir certificate or family register extract, if availableSupporting evidence of relationship

    For the format of the consent affidavits, see our guide to affidavit formats.

    Step by step procedure

    1. File the petition with the documents and the required court fee or deposit as per local practice.
    2. 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.
    3. Objections and evidence. Anyone claiming a better right may object. The petitioner usually files an affidavit in evidence.
    4. 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.
    5. 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.
    6. 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.*

  • How to Write a Will in India: Rules and Free Sample

    How to Write a Will in India: Rules and Free Sample

    Last updated: 18 October 2026

    Short answer: To make a valid will in India, write down clearly who gets which property, then sign it at the end in the presence of two witnesses, who must each sign it in your presence (section 63 of the Indian Succession Act, 1925). You must be an adult of sound mind and the will must be made freely. No stamp paper or particular format is required, and registration is optional, including in Uttar Pradesh after the Allahabad High Court’s 2024 ruling. Registration, or depositing the will with the Sub-Registrar in a sealed cover, does make it much harder to challenge or lose.

    Validity checklist at a glance

    RequirementWhat the law saysProvision
    CapacityEvery person of sound mind who is not a minor may dispose of property by willSection 59, Indian Succession Act
    Free willA will obtained by fraud, coercion or importunity that takes away free agency is voidSection 61
    Signature of testatorSigned or marked by the testator, or by another person in his presence and by his direction, placed so it is clear the writing is meant to take effect as a willSection 63(a) and (b)
    AttestationAt least two witnesses, each of whom saw the testator sign (or received his acknowledgement of the signature) and signed in his presence; they need not be present at the same timeSection 63(c)
    FormNo particular form of attestation is necessary; plain paper is enoughSection 63(c)
    RegistrationOptionalSection 18, Registration Act, 1908

    Who can make a will and over what property

    Section 59 explains that a person who is ordinarily insane may make a will in a lucid interval, but no one can make a will while so intoxicated or ill that he does not know what he is doing. Blind or hearing impaired persons can make a will if they understand what they are doing.

    A Hindu (including Buddhists, Jains and Sikhs) may bequeath any property he or she can dispose of, including an undivided interest in Mitakshara coparcenary property, under section 30 of the Hindu Succession Act, 1956. You can only give what you own: property held jointly with others passes only to the extent of your share. Muslims are governed by their personal law, under which a bequest generally cannot exceed one third of the estate (after funeral expenses and debts) without the consent of the heirs.

    How to write your will, step by step

    1. List your assets. Land and houses (with khasra, khatauni or registry details), bank accounts, fixed deposits, shares and mutual funds, insurance, vehicles, jewellery, business interests. Describe each one well enough that no one can confuse it.
    2. Decide the beneficiaries. Use full names, relationship and age, and say what happens if a beneficiary dies before you.
    3. Appoint an executor. A trusted person who will carry out the will. You can also name an alternate.
    4. Add a residuary clause. Say who receives everything not specifically mentioned, including property you acquire later.
    5. Explain unequal shares. If you leave out a natural heir, give a short reason. Courts treat an unexplained exclusion as one of the circumstances that may call for explanation.
    6. Revoke earlier wills expressly, and date the document.
    7. Sign before two witnesses on every page and at the end, and have both witnesses sign with their names and addresses.

    Choosing witnesses

    Pick two adults who are independent, likely to be available in future and not beneficiaries. Section 67 of the Indian Succession Act says a will is not invalid merely because a witness or the witness’s spouse benefits under it, but the gift to that witness or spouse is void. The Kerala High Court has observed that this rule may not apply to Hindu wills, because section 57 and Schedule III extend only selected provisions to them. Either way, an interested witness invites suspicion, so avoid it.

    Witnesses matter after your death. Under section 67 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaced section 68 of the Evidence Act), a document required by law to be attested cannot be used as evidence until at least one attesting witness, if alive and capable, has been called to prove its execution. The proviso that dispenses with this for registered documents expressly excludes wills. So even a registered will may need a witness to testify if it is disputed. Many people therefore choose younger witnesses and record their phone numbers and addresses.

    Should you register the will?

    Section 18 of the Registration Act, 1908 places wills among documents whose registration is optional, and section 27 allows a will to be presented for registration at any time. You have two options:

    • Register it at the Sub-Registrar’s office, appearing in person with your identity proof and witnesses. The registered copy is kept in the office records.
    • Deposit it in a sealed cover with the Registrar under sections 42 to 46. You can withdraw it during your lifetime, and after your death the Registrar opens it on application and copies it into the register.

    Neither step is compulsory, and an unregistered will is not invalid. Registration helps by fixing the date and identity of the testator and reducing the risk of loss or forgery claims.

    The Uttar Pradesh position

    U.P. Act No. 27 of 2004 amended section 169(3) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to require that wills of agricultural holdings be registered. In Pramila Tiwari v. Anil Kumar Mishra, 2024:AHC:85067-DB (May 2024), a Division Bench of the Allahabad High Court held that this requirement was repugnant to the Registration Act, 1908 and void to that extent. As a result, a will in Uttar Pradesh is not void merely because it is unregistered, whether it was made before or after the 2004 amendment. Registration remains advisable, particularly for land.

    Is probate needed?

    Section 213 of the Indian Succession Act used to bar anyone from establishing a right as executor or legatee in court without probate in certain cases, mainly wills of Hindus, Buddhists, Sikhs and Jains made in, or concerning immovable property in, the old presidency towns of Kolkata, Chennai and Mumbai. The Repealing and Amending Act, 2025 (assented to on 20 December 2025) omitted section 213, so probate is no longer mandatory anywhere in India. It is still available, and a probate granted by a court remains the strongest proof of a will when heirs are likely to dispute it or when a bank or institution insists on it.

    Free sample: a short will

    WILL

    I, [full name], son/daughter/wife of [name], aged [ ] years, resident of [full address], being of sound mind and acting of my own free will, make this Will on [date]. I revoke all my earlier wills and codicils.

    1. I appoint [name, relationship, address] as executor of this Will, and if he/she is unable or unwilling to act, [alternate name].

    2. I give my house at [full address / registry details] to [name, relationship].

    3. I give the balance in my savings account no. [ ] with [bank, branch] and my fixed deposits with that bank to [name] and [name] in equal shares.

    4. I give all my remaining property, movable and immovable, including property acquired after this date, to [name].

    5. If any beneficiary dies before me, his or her share shall go to [name / his or her children equally].

    In witness whereof I have signed this Will at [place] on the date mentioned above.

    [Signature of testator]

    Signed by the testator in our presence, and each of us has signed in the presence of the testator:
    1. [Signature, name, address of witness]
    2. [Signature, name, address of witness]

    This is a minimal outline. Wills involving minors, business assets, property abroad or conditions on gifts need more careful clauses.

    Need the complete, editable set? The Lexfolio Will and Succession Kit gives you editable will and codicil formats with clause options for executors, guardians of minors and alternate beneficiaries, plus probate and succession certificate petitions and a checklist for executing a valid will.

    Changing or cancelling a will

    Under section 70, an ordinary will can be revoked by a later will or codicil, by a signed and attested writing declaring the intention to revoke, or by burning, tearing or destroying it with that intention. Marriage revokes a will under the general rule, but the proviso to section 57 says marriage does not revoke a will made by a Hindu, Buddhist, Sikh or Jain. Small changes can be made by a codicil, which must be signed and attested in the same way as a will. Do not make handwritten corrections on a signed will.

    Mistakes that lead to disputes

    • Only one witness, or witnesses who signed later and not in the testator’s presence.
    • A beneficiary arranging the will, choosing the witnesses and keeping the testator away from the family. Since H. Venkatachala Iyengar v. B.N. Thimmajamma (Supreme Court, 1958), the person relying on a will has had to remove such suspicious circumstances.
    • Vague property descriptions such as “my land in the village”.
    • No residuary clause, so part of the estate passes by intestate succession anyway.
    • Relying on an electronic or emailed will. The Information Technology Act, 2000 does not apply to wills (section 1(4) read with the First Schedule), so sign a paper original.

    If a family member dies without a will, see our guides on the succession certificate procedure and the legal heir certificate in Uttar Pradesh.

    Frequently asked questions

    Is a handwritten will valid in India?

    Yes, if it is signed by you and attested by two witnesses as section 63 requires. Handwritten or typed makes no difference.

    Does a will need to be on stamp paper or notarised?

    No particular paper is prescribed, and notarisation is not a legal requirement. What matters is the testator’s signature and attestation by two witnesses.

    Is registration of a will compulsory in Uttar Pradesh?

    No. The Allahabad High Court in Pramila Tiwari (2024) held the 2004 requirement void, so an unregistered will is not invalid in UP. Registration is still advisable.

    Can a family member be a witness?

    The law does not bar it, but a witness who benefits (or whose spouse benefits) risks losing that gift under section 67 and invites challenge. Independent witnesses are safer.

    How many times can I change my will?

    As often as you like. Only the last valid will operates, so state clearly in each new will that earlier wills are revoked.

    *This article is general information, not legal advice.*