A succession certificate is a court order granted under the Indian Succession Act, 1925 that authorises the person named in it to collect the debts and securities of a deceased person and to give a valid discharge to the debtor. A legal heir or heirship certificate is a document issued through revenue or municipal channels that names the surviving heirs; it does not by itself transfer money or assets. The two are often confused, but they serve different purposes and are issued by different authorities.
Who this applies to
This applies to someone whose relative has died without leaving a will, and who needs to collect bank deposits, shares, provident fund balances, insurance money or other debts owed to the deceased. It also applies to a bank or institution that has been asked to release such money and needs court authorisation before it does so. Where the deceased left a will, or where immovable property is involved, the correct route may be probate instead. Our property registration service covers the related stages.
What a succession certificate is
Section 372 of the Indian Succession Act, 1925 sets out how a petition for a succession certificate is made. The certificate is granted for the purpose of collecting debts and securities, and a payment made to the holder discharges the debtor. It does not establish title to immovable property and it does not operate as a will or probate. The court grants it after hearing the petitioner and any person who has received notice and objected.
Who can apply
Any person who has an interest in the estate of the deceased may apply. This usually includes the spouse, children, parents and other heirs under the applicable succession law. Where there are several heirs, they may apply jointly or the court may direct that the certificate issue to one or more of them. The court looks at the person who is entitled to succeed under the law of the deceased's community.
The petition and its contents
- Name, address and death of the deceased, with the death certificate.
- The names of the surviving heirs and their relationship to the deceased.
- A schedule describing the debts and securities to be collected.
- A statement that no other application has been made for the same purpose.
- An undertaking to render an account of what is realised.
Newspaper publication and notice
When a petition is presented, the court directs the petitioner to publish a notice in a newspaper, inviting any person with an objection to come forward, and to give notice to the persons who would be affected. This step protects creditors and other heirs. Members of the public who assert a competing claim are given the chance to oppose the grant before the certificate issues.
A legal heir certificate
A legal heir or heirship certificate is issued by the revenue authorities, and in some cities by the local municipal authority or through the state's e-district services after local enquiry. It names the surviving heirs of the deceased and is often required for pensions, certain bank procedures, employment-related benefits and government schemes. It is a much lighter document than a succession certificate, but it does not give the holder the power to collect court-protected debts and securities, because that power comes from the succession certificate.
What each one affects
| Asset | Succession certificate | Legal heir certificate |
|---|---|---|
| Bank deposits | Usually required for larger balances | Sometimes accepted for formalities |
| Shares and securities | Commonly required by the depository | Generally not sufficient |
| Provident fund | Employer or EPFO may accept nomination or heir certificate | Frequently used |
| Insurance money | May be required where the claim is disputed | Frequently accepted with nomination |
| Immovable property | Not the correct route | Not a title document |
Probate where a will exists
Where the deceased left a will, a succession certificate is not the right instrument for the property covered by the will. The executor applies for probate, or for letters of administration if no executor is named or the executor cannot act. Where the estate includes immovable property, probate may be required to give the legatee clear title. A succession certificate is used for the debts and securities that the will has not otherwise dealt with.
Documents to attach
- Death certificate of the deceased.
- Proof of relationship to the deceased.
- Schedule of debts and securities with account or holding numbers.
- Proof of identity and address of the applicant.
- Affidavit in support of the petition.
- Any other court order or will, where relevant.
Common mistakes
- Applying for a legal heir certificate when the institution needs a succession certificate.
- Treating a succession certificate as title to immovable property.
- Omitting some of the heirs from the petition, causing an objection later.
- Not describing the debts and securities precisely in the schedule.
How long is a succession certificate valid?
A succession certificate has no fixed expiry set by the statute, but it can be revoked or amended by the court, for example if a better claim is later established. It should be used to collect the assets listed in the schedule.
Can one heir apply for all the assets?
One heir may apply, but the court will notify the others and may require a joint certificate or an indemnity, so that all entitled persons are protected.
Is probate needed if there is a will?
Probate is the proper route where a will exists, and it is required where the will concerns immovable property in the presidency towns or where an institution demands it. Otherwise it may not be mandatory.
To apply for a succession certificate or a legal heir certificate in Kolkata, FileX Advocates & Legal Consultants can prepare the petition and schedule, manage publication and notice, and represent you in court. See property registration formats, our civil litigation service or contact us. Call +91 7439811422 or message us on WhatsApp at https://wa.me/917439811422. Our office is at 14 Hare Street, Kolkata 700001.