What is Succession Certificate?

A succession certificate is given to the successor of a deceased person who has not prepared a will in order to establish the authenticity of the successor and also to give the certificate holder an authority over the deceased person’s debts and securities. The payment of debts of the deceased person and also the transfer of the securities of the deceased person can be made by the certificate holder even before the legal heir to the property of the deceased is established.

Who Issues a Legal Heir Certificate?

A succession certificate is issued by the district judge of the relevant jurisdiction. The relevant jurisdiction would be where the deceased person ordinarily resided at the time of his death or if no such place is available, the jurisdiction within which any property belonging to the deceased may be found.

What are the particulars to be included in the petition for succession certificate?

The petition for the succession certificate made to the district judge must be signed and verified by the applicant and include the following details:

• The time of the death of the deceased
• The ordinary residence of the deceased at such time of death; and if such ordinary residence is not available, the details of the property that is within the jurisdiction of the district judge to whom such an application is made.
• The family or other near relatives of the person deceased and their respective residences
• The rights of the petitioner
• The absence of any reason to invalidate the grant of the certificate
• The debts and securities in respect of which the application for such a certificate is made

Documents Required for Obtaining of Succession Certificate

• Signed application form from the applicant Identity
• Proof of the applicant. (Photocopy of either of the following documents will suffice: Passport, Voter ID card, Driving license, PAN card, Aadhar card)
• Address Proof of the applicant. (Photocopy of either of the following documents will suffice: Passport, Voter ID card, Driving license, PAN card, Aadhar card)
• Proof of birth Date of Birth proof of the applicant. (Photocopy of one of the following documents will suffice: Birth certificate, School leaving certificate, Passport, PAN Card, Voter id card, Driving license)
• A self-undertaking affidavit
• Photocopy of death certificate of the deceased
• Address proof of the deceased. (Photocopy of either of the following documents will suffice: Passport, Voter ID card, Driving license, PAN card, Aadhar card)

Procedure to Obtain Legal Heir Certificate

The legal procedure to obtain the succession certificate is highlighted as below:

Validity of Succession Certificate

A succession certificate is legally throughout India. If Succession certificate is granted in a foreign country by an Indian representation accredited to that State, it should be stamped in accordance with the Court Fees Act 1870 to have the same effect over there as a certificate granted in India.

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