How To Obtain A Succession Certificate In India
Here are the practical steps to obtain a succession certificate in India:
Step 1: Determine Eligibility: The legal heirs of the deceased person are eligible to apply for a succession certificate.
If the deceased left a will, the executor named in the will can apply. In case of intestacy, the legal heirs must submit a petition to be eligible to inherit the deceased person’s possessions.
Step 2: File a petition with the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of death. The petition should contain details like time of death, residence of deceased, family details, rights of petitioner, and absence of impediments.
Step 3: Submit Required Documents:
- Death certificate of the deceased
- Proof of relationship with deceased (birth/marriage certificate)
- Proof of identity and address of applicant (Aadhaar, voter ID, etc.)
- Affidavit stating applicant is legal heir
- Copy of will if any, duly probated by court
- Copy of letters of administration issued by court if any
- Any other relevant documents
Step 4: The court will issue a notice in a newspaper for 45 days inviting objections. If no objections are received, the court will issue the succession certificate.
Step 5: Obtain Certificate: The entire process may take 5-7 months. A fee of 3% of the total value of the property is charged for the certificate.
Once obtained, the succession certificate authenticates the heirs and gives them authority to inherit debts and securities of the deceased. However, it does not determine ownership of specific properties.
