Succession Certificate:
A court-issued document under:
- Indian Succession Act, 1925
- Sections 370-390

Authorizes Holder To:
- Receive debts due to deceased
- Transfer securities
- Collect assets from debtors
- Represent estate legally

Covers:
- Bank deposits and accounts
- Fixed deposits
- Government securities
- Shares and debentures
- Bonds
- Mutual fund units
- Debts owed to deceased

Does NOT Cover:
- Immovable property
- Physical assets
- Personal belongings
- Vehicles (mostly)

Competent Court:
- District Court
- Where deceased lived
- Or where property exists

Not Issued By:
- Revenue authorities
- Tehsildar
- SDM

Required For:
1. Bank accounts (high balance)
2. Fixed deposits (above limits)
3. Shares transfer
4. Mutual fund units transfer
5. Debentures
6. Government securities
7. NSC, KVP redemption
8. When specifically demanded

Banks May Accept Without:
- Small balances (< ₹1-2 lakh)
- With indemnity bond
- Joint accounts
- Nomination exists

Banks Require For:
- Higher balances (> ₹2-5 lakh)
- No nomination
- Disputes exist
- Corporate policy

Usually Exempt:
- Nominated accounts
- Joint accounts (survivorship)
- Insurance with nominee
- Small amounts
- EPF/PPF with nominee

Legal Heir Certificate:
- From revenue authority
- Simple process
- Low fees
- Limited acceptance
- For government claims

Succession Certificate:
- From court
- Complex process
- Higher fees
- Universal acceptance
- For securities/debts

Probate:
- When there's a will
- Validates the will
- Court certified will
- Covers all estate

Succession Certificate:
- When no will
- Or will not probated
- Specific to debts/securities
- Under Succession Act

Letters of Administration:
- When no will exists
- Or executor not appointed
- Broader authority
- Covers entire estate

Succession Certificate:
- More limited scope
- Only debts and securities
- Simpler than LOA
- Specific items listed

Legal Heirs:
- Spouse
- Children
- Parents
- Siblings (if no closer heirs)
- Any person claiming to be heir

Not Limited To:
- Only one heir
- Only eldest
- Only male

Options:
1. One heir applies, others consent
2. All heirs apply jointly
3. One contests, court decides

Usually:
- One heir applies with NOC from others
- Certificate names all heirs
- Shares specified

Where to Apply:
- District where deceased ordinarily resided
- Or district where estate (part of) exists

Example:
Deceased lived in Delhi
Bank account in Mumbai

Can apply in Delhi (residence)

Petition Should Contain:
□ Court and jurisdiction
□ Deceased's details
□ Date, time, place of death
□ Petitioner's details
□ Relationship with deceased
□ List of all legal heirs
□ Assets for which certificate needed
□ Value of assets
□ Whether will exists
□ Prayer for certificate

At District Court:
- Civil section
- Pay court fees
- Get case number
- Submit documents

Court Orders:
- Notice in newspaper
- Official Gazette
- Notice at courthouse
- Served on heirs (if known)

Purpose:
- Inform interested parties
- Allow objections
- 45-day minimum period

After Publication Period:
- Court hearing
- Verify documents
- Hear objections (if any)
- Examine petitioner
- Review evidence

If Satisfied:
- Court grants certificate
- Lists specific assets
- Names beneficiaries
- Specifies shares

Time:
- 3-6 months (no contest)
- 1-3 years (if contested)

1. Death Certificate (Original + Copy)

2. Proof of Relationship:
   - Marriage certificate
   - Birth certificates
   - Family tree

3. List of Assets:
   - Bank statements
   - FD receipts
   - Share certificates
   - Demat statement

4. Petitioner's ID Proof:
   - Aadhar, PAN, etc.

5. Address Proof:
   - Of deceased and petitioner

6. Affidavit:
   - Verifying facts
   - On stamp paper

May Be Required:
- NOC from other heirs
- Indemnity bond
- Valuation of assets
- Proof of residence
- Will (if any, to show none)
- Death registration

Fees Based on Asset Value:
Court fees = Percentage of asset value

Varies by State:
Typically:
- 2-5% of asset value
- Different slabs
- Maximum caps may apply

Maharashtra:
Assets up to ₹50,000: 1%
₹50,000-1 lakh: ₹500 + 0.5%
Above ₹1 lakh: varies

Delhi:
Approximately 3% of value

Karnataka:
Different slab rates

Check:
Your state's Court Fees Act

Additional Expenses:
- Lawyer fees: ₹5,000-50,000+
- Stamp paper for affidavit
- Newspaper publication: ₹2,000-5,000
- Certified copies: ₹50-100 per page
- Miscellaneous: ₹1,000-2,000

Asset Value: ₹10,00,000

Court fees (@3%): ₹30,000
Lawyer fees: ₹15,000
Publication: ₹3,000
Other costs: ₹2,000
--------------------------
Total: ~₹50,000 (approx.)

IN THE COURT OF DISTRICT JUDGE, [DISTRICT]

SUCCESSION CASE NO. ___/____

In the matter of:
The Indian Succession Act, 1925

AND

In the matter of:
Estate of Late [Deceased Name]

[Petitioner Name]                    ...Petitioner
Address: [Full Address]

PETITION UNDER SECTION 372 OF THE 
INDIAN SUCCESSION ACT, 1925

1. That the petitioner is the [relationship] 
   of late [Deceased Name].

2. That the deceased expired on [Date] at 
   [Place].

3. That the deceased at the time of death 
   was ordinarily resident at [Address], 
   within the jurisdiction of this Hon'ble 
   Court.

4. That the deceased left behind the 
   following legal heirs:
   a) [Name], [Relation], [Address]
   b) [Name], [Relation], [Address]

5. That the deceased left the following 
   assets:
   [List bank accounts, shares, etc.]

6. That no proceedings for probate or 
   letters of administration have been 
   instituted.

7. That the petitioner requires succession 
   certificate to receive the above assets.

PRAYER:
It is therefore most respectfully prayed 
that this Hon'ble Court may be pleased to:
a) Grant succession certificate in favor 
   of the petitioner
b) [Other reliefs]

PETITIONER

Place: 
Date:

VERIFICATION
[Standard verification clause]

Without Contest:
- Filing to first hearing: 1-2 months
- Publication period: 45+ days
- Total: 3-6 months

With Contest:
- Can extend to 1-3 years
- Depends on nature of contest
- Evidence, hearings

Delays Caused By:
- Incomplete documents
- Objections filed
- Court workload
- Multiple assets/jurisdictions
- Holiday periods
- COVID-related delays

With Certificate:
- Approach bank/institution
- Show certificate
- Complete their formalities
- Receive assets/transfer securities
- Issue receipts on behalf of estate

May Still Be Required:
- By banks/institutions
- Additional security
- In case of false claim
- Standard procedure

Limited To:
- Assets listed in certificate
- Get separate certificate for others
- Can apply to include more assets

Objectors:
- Other legal heirs
- Creditors of deceased
- Anyone with interest

Common Objections:
- Wrong relationship claimed
- Heir excluded
- Assets belong to objector
- Deceased had will
- Different jurisdiction
- Fraud alleged

Procedure:
- Written objection filed
- Evidence presented
- Witnesses examined
- Arguments heard
- Court decides

Impact:
- Significant delays
- Higher costs
- Uncertain outcome

NRI Can Apply:
- Through Indian lawyer
- POA holder can represent
- Appear via video (some courts)
- Additional documentation

Assets in Different States:
Option 1: Apply where deceased resided
Option 2: Separate certificates per state
Option 3: Transfer to one court

Recommendation:
Apply in residence court, approach 
other institutions with that certificate

When Heir is Minor:
- Natural guardian applies
- On behalf of minor
- Court may require guardian
- Extra scrutiny

1. Get certified copies (multiple)
2. Approach each institution
3. Submit certificate + their forms
4. Complete KYC requirements
5. Sign indemnity bonds
6. Receive assets/transfers

With Certificate:
□ Visit branch
□ Submit certificate (certified copy)
□ Fill bank's forms
□ KYC of claimant
□ Indemnity bond
□ Signatures verified
□ Processing
□ Amount credited/transferred

Process:
□ Approach registrar
□ Submit certificate
□ Transmission form
□ KYC documents
□ Share transfer executed
□ Name changed in records

Before Filing:
□ Death certificate obtained
□ All heirs identified
□ Asset list prepared
□ Values determined
□ Court fees calculated
□ Lawyer consulted
□ Documents ready

During Process:
□ Petition filed
□ Court fee paid
□ Newspaper publication done
□ Attend hearings
□ Respond to objections

After Certificate:
□ Get certified copies
□ Approach institutions
□ Complete transfers
□ Distribute as per shares
□ Keep records

1. Incomplete Petition:
   - Missing heirs
   - Wrong asset list
   - Incorrect values

2. Wrong Court:
   - Jurisdiction issues
   - Dismissal possible

3. Not Publishing:
   - Objection period required
   - Court won't proceed

4. Not Attending Hearings:
   - Dismissed for default
   - Start over