Succession Certificate Services
Secure Legal Rights to Claim Deceased Assets
At Tax Pal Solutions, we assist legal heirs in obtaining a Succession Certificate, empowering them to claim and manage the movable assets of a deceased person. From petition drafting to certificate issuance, we provide expert guidance to make the process smooth and legally compliant.
What is a Succession Certificate?
A Succession Certificate is a legal document issued by the District Court under Part X of the Indian Succession Act, 1925. It allows the legal heir of a person who dies without a will to:
- Collect debts owed by the deceased
- Access bank accounts and financial investments
- Transfer ownership of securities like shares and bonds
This certificate acts as legal proof for financial institutions and ensures a secure transfer of assets.
Importance of a Succession Certificate
- Proves Legal Heirs: Confirms the rightful successors and avoids family disputes
- Access to Assets: Enables claim and transfer of bank accounts, shares, mutual funds, and other movable assets
- Avoids Conflicts: Clearly identifies the heir, reducing potential disputes
- Legal Safety: Protects both the creditor and the heir in financial transactions
- Required for Transactions: Banks and financial institutions require it to release assets
Note: The certificate is valid only for movable assets. Immovable property like land or buildings requires a will or a legal heir certificate.
Legal Framework & Key Sections
- Part X, Indian Succession Act, 1925 – Governs the succession certificate process
- Section 370 – Defines debts and securities
- Section 372 – Details required in the application
- Section 376 – Allows addition of more assets post-issuance
- Section 373 – Court procedures for verification and hearing
- Section 31, Administrator General’s Act, 1913 – Alternative certificate issuance
- Other Relevant Sections – Funeral expenses (Sec 320), will verification (Sec 101)
Differences Between Succession Certificate and Legal Heir Certificate
| Particulars | Succession Certificate | Legal Heir Certificate |
|---|---|---|
| Applicability | Authority to claim debts and investments | Proves heirs’ relationship to the deceased |
| Contents | Applicant’s relationship + list of debts and securities | Lists all legal heirs |
| Function | Enables management of debts and assets | Confirms rightful heirs |
| Effect | May not confer full ownership | Confers legal inheritance rights |
Petition Particulars for Succession Certificate
Applicants must submit a petition to the District Court, verified under Section 372, including:
- Date, time, and place of death
- Details of deceased’s residence and assets
- Names, addresses, and relationships of family members
- Applicant’s claim justification
- List of debts, securities, and investments
Documents Required
- Death certificate of the deceased
- Proof of relationship (birth/marriage certificate)
- ID & address proof of applicant
- Affidavit confirming legal heir status
- Copy of will (if available) or letters of administration
- Additional supporting documents (if required)
Succession Certificate Process in India
- Pay Court Fee – Usually 2%–3% of the total asset value
- Prepare & Submit Petition – File under District Court jurisdiction of deceased’s last residence
- Submit Required Documents – Court schedules verification and hearing
- Certificate Issuance – Judge approves and grants the certificate
- Provide Security Bond – May be required to protect other claimants
Note: Court may publish a notice in newspapers for objections (30–45 days).
Cost of Obtaining a Succession Certificate
| Cost Component | Description | Estimated Fee (₹) |
|---|---|---|
| Court Fees | Percentage of debts & securities (varies by state) | 2%–3% |
| Stamp Duty | As per State Stamp Act | Varies by state |
| Advocate Fees | Drafting petition, representation, legal guidance | 3,000 – 15,000 |
| Miscellaneous | Notary, affidavit, document preparation | 500 – 2,000 |
Validity & Cancellation
- Validity: Accepted across India; foreign-issued certificates require proper stamping
- Cancellation: Under Section 383, possible due to fraud, misrepresentation, legal errors, discovery of a will, or emergence of a better claim
How to Revoke a Succession Certificate
- File an application to the issuing court
- Provide supporting proof or evidence
- Court evaluates and decides on revocation
Application & Download
-
Application Format:
- Court name and jurisdiction
- Applicant details and relationship
- Deceased details and assets
- Legal heirs’ information
- Affidavit and NOC
- Court fee receipt
- List of debts and securities
Download: Certificate is not available online; physical collection is required from the court
Status Check:
- Court website (ecourts.gov.in)
- Direct contact with District Court
- Newspaper notices for objections
Why Choose Tax Pal Solutions?
- 500+ MCA-certified experts for legal documentation
- Nationwide service and guidance
- Transparent fees and expert representation
- End-to-end support from petition drafting to certificate issuance
Certification
