What Is a Succession Certificate and How Do You Get One?

What is a succession certificate?

A succession certificate is an order of a civil court that names a person as entitled to collect specified debts and securities of someone who has died. It is granted under Part X of the Indian Succession Act 1925, Sections 370 to 390. The application is made under Section 372, and the certificate itself lists each debt or security it covers and states whether the holder can only collect interest and dividends or can also receive the principal, sell or transfer the securities.

The certificate exists to protect the people who owe the deceased money. A bank holding a fixed deposit, a company that has issued shares or a borrower who took a loan from the deceased all face the same worry: if they pay the wrong heir, the right one may sue them later. Section 381 solves that. Payment made in good faith to the holder of a succession certificate gives the payer full protection, even if it later turns out someone else had a better claim.

It is also a key that opens the courts. Under Section 214, a court will not pass a decree against a debtor of the deceased in favour of someone claiming as heir unless that person produces probate, letters of administration or a succession certificate. So if your late father lent Rs 20 lakh to a business associate on a promissory note, you will usually need a certificate before you can recover that money through a suit.

What it is not: a declaration of ownership. Section 387 makes clear that a decision on a succession certificate does not finally decide title. It only decides who may collect. If heirs disagree about shares, that is resolved in a separate suit or by agreement.

When the bank asks for a succession certificate

Most people first hear of a succession certificate at a bank counter. The account holder has died, the passbook or FD receipts are in the cupboard, and the branch manager says the money cannot be released without a court document. Whether that is right depends on how the account was held and how much is in it.

If there is a nominee or a joint holder with an 'either or survivor' or similar mandate, the bank pays the nominee or survivor under its own claim procedure, without any court document. A nominee receives the money as a trustee for the legal heirs, not as owner, so the other heirs can still claim their shares from the nominee. But the bank's job ends there.

Where there is no nominee and no survivor, the RBI's directions on settlement of claims of deceased customers, issued in 2025 and to be implemented by banks by 31 March 2026, require banks to follow a simplified procedure for claims up to Rs 15 lakh in commercial banks and Rs 5 lakh in co-operative banks: typically a claim form, death certificate, an affidavit and indemnity from the legal heirs, without a succession certificate. Banks must settle complete claims within 15 days, with compensation for delay. Above those limits, banks may still ask for a succession certificate, probate or letters of administration. Check the current RBI directions and your bank's policy, because limits and forms change.

So before you file anything, write to the bank and ask what it needs for the claim, and keep the reply. A succession certificate in Delhi costs court fee and several months; if the bank will settle on an indemnity, the certificate is unnecessary.

Succession certificate, probate, letters of administration or a legal heir certificate?

What 'debts and securities' means

The certificate covers two kinds of property: debts owed to the deceased and securities held by the deceased. Debts include bank deposits of every kind, money lent to a friend or relative, security deposits paid to a landlord, unpaid sale price owed by a buyer, arrears of rent and amounts due under a contract. Securities include shares, debentures, bonds, government securities and units of mutual funds, held in physical or demat form.

Immovable property is outside the certificate. So is anything the deceased owned outright and held physically, like jewellery in a cupboard or a car (though a locker's contents and a vehicle transfer may raise their own issues with the bank or the transport department). For a house or flat, the heirs rely on the law of succession, mutation with the local body or land-owning agency, and if needed a partition suit or letters of administration.

Insurance policies, provident fund and pension are usually governed by their own nomination rules and claim forms, and the paying organisation decides what it needs. A succession certificate is normally sought for these only when there was no valid nomination and the organisation insists.

Be precise in the petition. The certificate will list only the debts and securities you name, with account numbers, folio numbers and approximate amounts. If you later discover another account, you will have to apply under Section 376 to extend the certificate, which means another round of notice and fee.

Who can apply, and which court hears it in Delhi?

Any person who claims to be entitled to the estate can apply. In a Hindu family where there is no will, the Class I heirs under Section 8 of the Hindu Succession Act 1956 inherit together: the widow, sons, daughters and mother, along with the heirs of a predeceased child. Daughters have equal rights; our guide on whether a daughter can claim a share in her father's property explains the wider position. Usually one heir applies, with the written consent of the others, so the certificate issues in one name and that person collects and shares.

Under Section 371, the petition goes to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death, or, if there was no fixed residence, where any of the property is found. In Delhi this means the district court complex for that district: Tis Hazari, Saket, Patiala House, Karkardooma, Rohini or Dwarka. Succession petitions are often assigned within the district to particular judges, so check the eCourts listing after filing.

Where the debts and securities are of very high value, ask whether the petition lies on the Delhi High Court's original side under the pecuniary limit, as with probate. The limit is Rs 2 crore at present and a proposal to raise it is pending; our guide on the Rs 2 crore rule in Delhi has more. Most family succession certificate petitions in Delhi are filed in the district courts.

This is a private law firm website, not the official site of any court. Case status, next dates and orders are on the eCourts services for the district courts and on the Delhi High Court's own website.

How to get a succession certificate in Delhi, step by step

This is the usual path for an uncontested petition in a Delhi district court.

1. Get the bank's requirement in writing

   Ask each bank, company and fund house what it needs to release the money. If the amount is within its simplified limit, a certificate may be unnecessary. Keep these letters; they also help you list the assets accurately.

2. Prepare the list of heirs and assets

   Draw up a family tree of every legal heir with addresses. List each deposit, account, folio and debt with numbers and approximate value on the date of death. The certificate covers only what you list.

3. Collect consents

   Ask the other heirs to sign no-objection affidavits consenting to the certificate being granted to you. Consent from every heir turns a possible contest into a short proceeding.

4. Draft and file the petition

   The petition under Section 372 states the date of death, the last residence, the family and near relatives with addresses, the right in which you claim, that there is no bar under Section 370, and a schedule of debts and securities. It is signed and verified, and filed with the death certificate and consents.

5. Notice and publication

   The court fixes a date and directs notice to the heirs and publication in a newspaper, and a copy is displayed at the court. Pay the publication charges promptly and file the newspaper cutting with an affidavit.

6. Hearing and evidence

   If no one objects by the date fixed, the petitioner files an affidavit of evidence proving the death, the relationship and the assets. The court may ask a question or two and then passes the order.

7. Court fee, security and issue

   The court fee, a percentage of the value of the debts and securities, is deposited. The court may ask for a bond with surety under Section 375. The certificate is then drawn up and issued, and you take certified copies to each bank.

If another heir objects, the court still decides summarily, but it may record more evidence. Where the dispute raises a complicated question, Section 373(3) allows the court to grant the certificate to the person who appears to have the best prima facie title, leaving the final question of shares to a suit.

How long it takes and what it costs

What the court checks before granting it

The court is not deciding a property dispute. It asks a narrower set of questions: did the person die, where did they ordinarily live, who are the heirs, does the applicant have a right to collect, and are the listed debts and securities real. A clean death certificate, a consistent family tree and consents from the other heirs answer most of these on paper.

Discrepancies cause most of the trouble. The deceased's name is spelt one way on the FD receipt and another way on the death certificate. The mother's name in the family tree differs from her Aadhaar. A son has a different surname. None of these is fatal, but each needs an affidavit explaining it, and an unexplained mismatch can lead to an adjournment.

When Advocate B.K. Singh prepares a succession petition, he asks the family to bring the bank's own record of the account holder's name and address, not just the passbook. In his experience, matching the petition exactly to the bank's record saves a second round with the bank after the certificate issues, when a clerk refuses to pay because the names do not match.

The court may also ask for security. Section 375 allows it to require the applicant to give a bond with one or more sureties, to protect anyone who may later show a better claim. Families are sometimes surprised by this, so line up a surety, usually a relative or friend with property or a stable income in Delhi, before the order.

Documents for a succession certificate petition

Using the certificate once it is issued

Take a certified copy to each institution named in the certificate, along with the claim form and identity proof they ask for. Keep the original safe. Under Section 381, the bank or company that pays you in good faith is discharged, which is why most institutions process a certificate quickly once they have it.

If the certificate gives power only to collect interest or dividends, the bank will not release the principal. Read the operative part carefully and, if the power is narrower than you need, ask the court to correct or extend it. If a new account or holding is discovered, apply under Section 376 to extend the certificate to it.

The holder collects on behalf of all the heirs. Collecting the money and keeping it is a breach that the other heirs can sue over. The usual practice is for the holder to distribute the money in the agreed shares soon after receiving it, with a written family arrangement or receipts from each heir.

A certificate can be revoked under Section 383 for cause: if it was obtained by fraud, by concealing an heir, on false allegations, or if it has become useless. An order of the District Judge granting, refusing or revoking a certificate can be appealed to the Delhi High Court under Section 384.

When there is a will, or when heirs disagree

Succession certificates are used mainly where there is no will. Where there is a will that names an executor, the usual route is probate; where there is a will but no executor, letters of administration with the will annexed. Section 370 restricts certificates where probate or letters are required, and the position on granting a certificate to a legatee has varied between courts, so take advice on your particular will. Our guides on whether probate is mandatory in Delhi and what a letter of administration is explain the other routes, and our page on probate and letters of administration covers the procedure.

Where heirs disagree about who should collect, the court can still decide the certificate petition summarily. It does not decide who owns what share in the end. An heir who loses the certificate contest can file a suit for his share, and Section 387 makes clear the certificate decision does not bar that suit.

If one heir is relying on a will that the others dispute, a succession certificate is the wrong forum to fight it. That dispute belongs in a probate or letters of administration proceeding, or a civil suit; see our guide on how to challenge a will in Delhi.

Where the estate also includes a house or flat, a succession certificate deals only with the money. A family with both may need a certificate for the deposits and a separate route for the property, or letters of administration covering everything. For how long those petitions take, see our guide on how long probate takes in Delhi.

NRIs and heirs living abroad

An heir living abroad can apply for a succession certificate in Delhi or consent to another heir applying, without coming to India. Affidavits and consents can be signed before an Indian consular officer or a notary with apostille, as the court's practice allows. A relative in Delhi can act under a power of attorney for filing and appearances, and evidence can often be given by affidavit or video conference.

The power of attorney needs care. It should specifically authorise filing the succession petition, signing pleadings, receiving the certificate and dealing with the named banks. Our guide on how NRIs can give a power of attorney to a Delhi lawyer explains the formalities, and our page for NRI and overseas clients covers video hearings and document handling.

Banks also need to pay the money somewhere. If the heir abroad is the applicant, check whether the funds can go into an NRO account and what tax documents the bank will ask for before repatriation.

Mistakes that delay a succession certificate

• Applying when the bank did not need it. Many smaller claims are settled on an indemnity; ask first.
• Leaving an heir out. Every legal heir must be named and served or must consent; a concealed heir can later get the certificate revoked.
• Listing assets loosely. The certificate covers only what is listed, so give account and folio numbers.
• Name mismatches. Different spellings across the death certificate, bank records and IDs need explanatory affidavits.
• No surety ready. If the court asks for security, finding a surety at the last moment holds up the issue of the certificate.
• Using the certificate to fight about a will. A will dispute belongs in a probate or civil proceeding, not a summary succession petition.

What to do this week

• Write to each bank, company and fund house asking exactly what it needs to release the money.
• Get several copies of the death certificate.
• Make a family tree of every legal heir, with current addresses and email IDs.
• List every deposit, account, folio and loan with numbers and approximate amounts.
• Ask the other heirs whether they will sign consent affidavits in your favour.
• Check names and spellings across the death certificate, bank records and IDs.
• Think about who could stand surety if the court asks for a bond.

Getting help with a succession certificate

A succession certificate is one of the simpler court proceedings, but small errors in the petition cost months: a missing heir, an account left out, a name that does not match the bank's record. Advocate B.K. Singh's usual first step is to collect the bank's written requirement and work backwards from it, so the certificate that issues is one the bank will actually accept. For the wider procedure on wills and estates, see our page on probate, letters of administration and succession in Delhi. Fees are discussed at the first meeting and agreed in writing.

For advice on your papers, or for updates on the law on succession certificates and bank claims, contact Advocate B.K. Singh.