Succession Certificate
Obtain a succession certificate to claim and manage the assets, liabilities, debts, and securities of a deceased person who died without leaving a will.
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Overview of Succession Certificate
A succession certificate is a legal document issued by a civil court judge to the rightful successors of a person who died intestate (without a will). It authorizes heirs to claim the deceased’s assets, liabilities, recover debts, and transfer securities.
Intestate Succession Process
The court where the deceased last resided or held property conducts an inquiry to verify the claimant’s status. After publishing a public notice for objections and holding a hearing, the judge issues the certificate detailing the deceased, legal heirs, and all assets and liabilities.
Eligibility and Key Details
Eligible applicants include the spouse, children, siblings, and other legal heirs recognized under personal succession laws. The petition must state date/time of death, last residence, names and addresses of all heirs, applicant’s inheritance right, declaration of no objections, and a list of debts and securities.
Difference from Legal Heir Certificate
Unlike a legal heir certificate (issued by a Tehsildar for pension or family claims), a succession certificate (issued by a District Judge) empowers heirs to manage financial assets, debts, and securities of the deceased.
1. Documents Required for Succession Certificate
● Affidavit of self‑declaration by applicant
● Identity proof and address proof of applicant and all heirs
● Date of birth proof of heirs
● Death certificate of the deceased (and any deceased heir)
● Proof of deceased’s last residence
● Copies of title deeds or property documents
● Details of all debts, securities, and liabilities
Procedure to Obtain Succession Certificate
● Draft and file a petition before the District Judge, paying court fees as per estate value
● Court issues a public notice in a local newspaper inviting objections
● After the objection period, court holds a final hearing to verify heirs and assets
● Judge grants the certificate; applicant may be required to submit a bond with sureties
● Certificate is typed, attested, and handed over to the successful applicant
Cost of Succession Certificate
Court fee is calculated as a percentage of the estate’s value under the Court Fees Act, 1870 and paid via judicial stamp papers. Professional fees may apply if legal assistance is engaged.
Validity and Revocation
The certificate is valid throughout India. Under Section 383 of the Indian Succession Act, it can be revoked for procedural defects, fraud, changed circumstances, or by a court order. Appeals lie to the High Court.
Why Choose DoStartup for Succession Certificates
Comprehensive support in drafting petitions and compiling documents
Handling public notices, hearings, and bond formalities
Expertise in personal succession and court procedures
Timely filings and representation in court
Transparent process tracking and updates