Succession certificate: A document for Heirs

A succession certificate, as defined by the Indian Succession Act, is a document that grants the person who receives it the authority to represent the deceased in the recovery of debts and securities owed to him or payable on his behalf. Its primary purpose is to facilitate the collection of debts arising from a deceased person’s estate and to grant immunity to those who owe debts to the deceased person’s representatives.

The succession certificate is required for movable property such as the provident fund, bank deposits, stocks, bonds, and other types of securities, among others.

Upon the death of the family’s head or a member, the next direct legal heir of the deceased, such as the deceased’s wife/husband/son/daughter/mother, may apply for a Succession Certificate.

No, for an immovable property like land or jewellery, the letter of administration must be submitted.

A certificate may be granted by the District Judge in whose jurisdiction the deceased ordinarily resided at the time of his death, or, if the deceased had no fixed place of residence at the time of his death, by the District Judge in whose jurisdiction any part of the deceased’s movable assets are situated, whichever is the case. It is issued in accordance with the applicable inheritance laws in response to an application submitted by a beneficiary to a court of competent jurisdiction for such an order.

The following are the documents that must be submitted with your application for obtaining Succession Certificate:

• Death certificate
• Proof of all legal heirs’ addresses is required.
• Affixation of court fee to petition.

A court may occasionally order the filing of a bond with one or more surety(s) or any other security in exchange for the provision of an account of debts and securities received by the petitioner of succession certificate and the indemnification of those who may be entitled to any portion of the debts or securities received by the petitioner.

Section 383 of the said Act provides that a certificate issued for any of the reasons listed below may be revoked:-

• The process for obtaining the certificate was flawed.- The certificate was issued in error.
• The certificate was obtained in a fraudulent manner.
• Because of the circumstances, the certificate becomes ineffective and useless.
• It is appropriate to revoke the certificate if a decree or order of another competent court dealing with the debts and securities of the same deceased person deems it necessary to do so.
  A person may file an appeal with the appropriate High Court against a decision of the District judge in the matter of the grant, refusal, or revocation of a certificate.

For succession certificate, three percentage of total value of the property will be charged. For this process, a court fee is levied in accordance with Schedule II of the Court Fees Act, 1870, which is a specific amount. Stamp Duty may differ from one state to another.

Legal heir certificate is a document obtained by family members of deceased person and can be obtained from the respective area’s municipality or corporation or approaching the Taluk Tehsildar or from District Civil Court. It plays an important role in establishing a relationship between the deceased and the legal heirs for the purpose of insurance, pension, retirement claims etc. On the other hand Succession certificate is obtained from District Court Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death. It is issued to establish the validity and legality of the legal heirs and give them authority related to assets and securities of the deceased persons.