A Succession Certificate is issued by a civil court to the legal heirs of a person who dies intestate (without a valid will) and leaves behind debts and securities. Such death is treated as intestate under law. The certificate holder can inherit, transfer, or manage the debts and securities of the deceased. It also offers protection to anyone who deals in good faith with the holder, even if liabilities exist on such assets. The certificate is often required to claim or recover the deceased’s debts or securities and must be issued in the name of the rightful claimant.

Eligibility for Succession Certificate

• Legal heirs of the deceased.
• An executor named in the deceased’s will.
• A person holding court-granted letters of administration.

Documents Required for Succession Certificate

• Death certificate of the deceased person.
• Proof of relationship with the deceased person (like birth or marriage certificate).
• Identity and address proof of the applicant (such as Aadhaar card, Voter ID, Driving License).
• Affidavit stating the applicant is the legal heir.
• In case of a will, a probated copy of the will.
• In case of letters of administration, a copy issued by the court.
• Any other relevant document.

The application can be filed in the court where the deceased last resided. The fee is 3% of the total value of the property. Since the process may take time and can be complex, consulting a lawyer is advisable.

Succession Certificate for Property

A succession certificate is a legal document issued by a court to the legal heirs of a deceased person. It gives the heirs the right to inherit property when there is no valid will or if the will is disputed.

Petition for Succession Certificate

• Name of the deceased.
• Names of legal heirs.
• Details of the property being inherited.

It must also have documents like the death certificate, relationship proof, and ID/address proof of the heirs.

Purpose of a Succession Certificate

• Establish legal heirs.
• Authorize transfer of property.
• Resolve inheritance disputes.

Can a Succession Certificate be Revoked?

Yes, the court can revoke it if obtained by fraud or misrepresentation.

Rights of a Certificate Holder

• Right to inherit the property.
• Right to sell, mortgage, or lease.
• Right to collect rent or profits.
• Right to sue anyone interfering with their rights.

Differences Between Succession Certificate and Legal Heir Certificate

1. Applicability:
   • Succession Certificate is needed to claim debts and securities.
   • Legal Heir Certificate is used to establish rightful heirs for assets like property or pension.
2. Contents:
   • Succession Certificate includes applicant’s relationship and debts/securities.
   • Legal Heir Certificate lists all legal heirs.
3. Function:
   • Succession Certificate authorizes collection of debts and securities.
   • Legal Heir Certificate identifies legal heirs.
4. Effect:
   • Succession Certificate holder may not be sole beneficiary.
   • Legal Heir Certificate allows inheritance of assets.

Succession Certificate Procedure in India

1. Drafting the Petition: Pay the court fee and prepare a petition. Sign and submit to the district judge.
2. Submit Documents to Court: Judge will conduct a preliminary hearing and set a final hearing date with notices.
3. Certificate Grant: Judge issues the certificate after verifying eligibility.
4. Submit Bond: Judge may request sureties or a bond.

Note: Judge can allow an extension for additional claims.

Succession Certificate Format (India)

[Letterhead of the Court]

To Whomsoever It May Concern,

Succession Certificate No: [Insert Certificate Number]

In the matter of the estate of [Name of the deceased], son/daughter of [Father's name], who died on [Date of death], and was a resident of [Address].

I, [Name of the applicant], legal heir of the deceased, hereby apply for a Succession Certificate in respect of the movable and immovable properties of the deceased, who died intestate.

Particulars of the Deceased:

• Full Name:
• Father’s Name:
• Date of Death:
• Last Known Address:

Particulars of the Applicant:

• Full Name:
• Father’s Name:
• Address:
• Relationship with Deceased:

Details of Property:

• Description:
• Location:
• Value:

I declare the above details are true to the best of my knowledge.

I, therefore, request that a Succession Certificate be issued to me as legal heir under the Indian Succession Act, 1925.

Dated: [Date]

Signature: [Applicant’s Signature]
Full Name: [Applicant’s Full Name]

Application for Succession Certificate under Indian Succession Act, 1925

MAY IT PLEASE YOUR HONOR:

The applicants respectfully submit:

1. The applicants reside at the address mentioned in the cause title.
2. Applicant No. 1 is the son of the deceased; Applicants Nos. 2 and 3 are the daughters; Applicant No. 4 is the wife of the deceased.
3. The marriage between Applicant No. 4 and the deceased took place on [Date].
4. The deceased passed away on [dd/mm/yy].
5. The deceased's mother also passed away on the same day.
6. The deceased died intestate, and no valid will was found despite thorough search.
7. Therefore, Applicants Nos. 1 to 4 are the only surviving legal heirs entitled to 100% of the deceased’s movable and immovable assets.
8. The deceased had created movable assets, including shares purchased during his lifetime. These shares, valued at ₹1 (approximate), are now claimed by the applicants, who wish to receive dividends and transfer the shares in their names. The companies’ nodal officer has requested a Succession Certificate for this transfer, hence this application.
9. No other person has any legal claim over the deceased’s shares.
10. This Hon’ble Court has jurisdiction over the matter and can grant this application and any suitable orders.
11. No circumstances exist to bar the granting of the certificate.
12. The applicants agree to pay the court fees as directed.
13. No similar application is pending in any other court of competent jurisdiction.
14. Required court fees are attached and will be paid as per court directions.

PRAYER:

In light of the above, the applicants humbly request that this Hon’ble Court:

• a) Kindly allow the present application.
• b) Issue a Succession Certificate in favour of the applicants for the said shares.
• c) Permit necessary amendments or corrections if needed.
• d) Pass any other orders as deemed fit in the interest of justice and equity.

Date:
Applicants

VERIFICATION

I, [Name of Applicant], do hereby verify that the contents of Paragraphs 1 to 14 are true to my knowledge and belief. The prayer in Paragraph 15 is correctly stated.

Signature:
Name of Applicant: [XXX]

Succession Certificate Cost

The petitioner must pay a certain percentage of the asset’s value as court fees for obtaining a succession certificate. This fee is paid through judicial stamp papers of the required value. After the fee is paid, the court prepares, attests, and issues the succession certificate to the petitioner.

For easy assistance in this process, you can contact Sperso Filings.

Why Sperso Filings?

Sperso Filings has a skilled team of attorneys for handling Succession Certificates. After collecting all necessary documents, our lawyers will prepare and file the application on your behalf. If the district judge is satisfied, they will notify any concerned parties for a hearing. After considering all sides, the judge will decide on granting the succession certificate. Throughout this process, our expert team will fully assist you.