उत्तराधिकार प्रमाण पत्र (सक्सेशन सर्टिफिकेट) कैसे बनवाएँ
At a glance
- Law
- Indian Succession Act, 1925, Ss. 370–390
- Who
- A legal heir, where the deceased left no will
- Where
- District Judge or designated civil court
- Time
- 3–6 months if uncontested
What it is
A certificate granted by the civil court under Part X (Sections 370–390) of the Indian Succession Act, 1925. It authorises the holder to collect the debts and securities of a deceased person, such as bank deposits, fixed deposits, shares, debentures, bonds and amounts due from others. It is not required for land or houses.
Who can apply
- A legal heir of the deceased who died without a will, ordinarily with the written consent of the other legal heirs.
Step-by-step process
- 1
PetitionSection 372
A petition is filed before the District Judge, or the civil court to which such work is assigned, within whose jurisdiction the deceased ordinarily resided at death, or where the property is situated if there was no fixed residence. It states the date and place of death, the family members and legal heirs, the applicant's right, and a list of the debts and securities with their values.
- 2
Court fee
Court fee is paid on the value of the debts and securities, at the rate applicable in Bihar.
- 3
NoticeSection 373
The Court fixes a date of hearing and issues notice to the legal heirs. A general notice is published in a newspaper and displayed in the court, so that any objector may appear.
- 4
Evidence
The applicant files an affidavit in evidence and, where needed, examines a witness to the family tree.
- 5
Security bondSection 375
The Court may require the applicant to furnish a bond with surety, to protect any person who may later claim the amount.
- 6
Grant
If no valid objection is made, the Court orders the certificate to be granted for the specified debts and securities.
- 7
Use
The certified certificate is presented to the bank, company or registrar, which pays or transfers the amount to the holder.
Documents required
Checklist · 6 items- Death certificate of the deceased
- Proof of relationship of every legal heir: family register (vanshavali), Aadhaar, and school or birth records
- No-objection affidavits from the other legal heirs in favour of the applicant
- Particulars of each debt and security: bank passbook or statement, FD receipts, share or demat statements, policy documents
- Identity and address proof of the applicant
- Address of the deceased at the time of death
Time usually taken
3 to 6 months where there is no objection
Ordinarily three to six months where there is no objection. A contested petition takes longer.
Points to remember
- 01A nominee in a bank account receives the money as trustee; the legal heirs remain entitled to it in law.
- 02For smaller amounts, banks may settle claims of the heirs under a simplified procedure without a succession certificate, within limits set by the Reserve Bank of India and the bank's own policy. It is worth asking the bank first.
- 03Where the deceased left a will, the proper remedy is probate or letters of administration (see Guide 06), not a succession certificate.
Frequently asked questions
Is a succession certificate needed for land or a house?
No. A succession certificate covers debts and securities such as bank deposits, fixed deposits, shares, debentures and bonds. It is not required for land or houses.
Can a bank release a deceased person's money without a succession certificate?
For smaller amounts, banks may settle claims of the heirs under a simplified procedure, within limits set by the Reserve Bank of India and the bank's own policy. It is worth asking the bank first.
Does the bank nominee get the money absolutely?
No. A nominee receives the money as trustee; the legal heirs remain entitled to it in law.
How long does a succession certificate take?
Ordinarily three to six months where there is no objection. A contested petition takes longer.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation