Succession Certificate: How to Apply, Documents and Court Fees

A succession certificate is a court order that lets a deceased person’s heir collect debts and securities, such as bank deposits, shares and debentures. You apply by petition to the District Judge where the person ordinarily lived, under Part X of the Indian Succession Act, 1925, and pay a court fee based on the value of those assets. It does not cover land or houses.

Key facts

What a succession certificate covers and what it does not

Section 370(2) defines “security” to include government promissory notes and stock, company shares and debentures, securities of local authorities, and others notified by the state. “Debt” is not defined, and courts read it as a fixed or easily worked-out sum of money owed to the deceased. Bank deposits, loans given by the deceased and unpaid dues fall here.

The certificate lets its holder collect these amounts and give the payer a valid discharge. Under Section 381, a debtor who pays the holder in good faith is fully protected. The holder does not become the owner. The money must still go to the legal heirs under the succession law that applies to the family.

Courts have held that it cannot be granted for immovable property. The Chhattisgarh High Court also held that ornaments in a bank locker are not a debt or security. For land or a house, heirs usually rely on the will, a probate, a legal heir certificate or a civil court decree, depending on the state.

When you may not need one

A nominee or surviving joint holder can usually claim without one. RBI’s Settlement of Claims in respect of Deceased Customers of Banks Directions, 2025, which banks had to implement by 31 March 2026, set these rules:

• Where there is a nominee or survivor, the bank pays against a claim form, death certificate and identity proof. The nominee receives the money as a trustee for the legal heirs.
• Where there is no nominee, banks must follow a simplified procedure for claims up to ₹15 lakh (₹5 lakh for co-operative banks). You give an indemnity bond and a legal heir certificate or an affidavit, with no succession certificate and no third-party surety.
• Above those limits, a bank may ask for a succession certificate.
• Banks must settle deposit claims within 15 calendar days of receiving all documents.

Companies, depositories and other institutions follow their own limits. Our page on nomination rules explains how nominees work.

Who can apply and in which court

Any person who claims to be entitled to the deceased’s estate, usually a legal heir, can apply. File in the court of the District Judge within whose area the deceased ordinarily lived at the time of death. The place of death does not matter. If the deceased had no fixed home, apply where any part of the debts or securities is found.

States can let lower courts handle these cases under Section 388. In Madhya Pradesh, for example, the Civil Judge (Senior Division) hears them. Check with the district court’s filing counter or website.

Documents and petition contents

Section 372 requires a petition signed and verified under the Code of Civil Procedure, 1908. It must state:

• The time of the person’s death.
• Where the person ordinarily lived at that time.
• Details of the family members and other near relatives.
• The right under which you claim.
• That nothing in Section 370 or any other law bars the grant.
• The debts and securities you want the certificate for.

Attach the death certificate, proof of your relationship, an asset schedule with account and folio numbers, and no-objection statements from other heirs if they agree. A false statement in the petition is punishable.

Court fees

Section 379 requires you to deposit the court fee when you file. The fee is ad valorem, meaning a percentage of the value of the debts and securities in the certificate. Where the Court-fees Act, 1870 applies, the rate is in Article 12 of Schedule I. If the petition is rejected or granted only in part, the unused deposit is refunded.

Many states have their own court-fee laws. In Maharashtra, the Maharashtra Court-fees Act, 1959 (earlier the Bombay Court-fees Act) charges a succession certificate the same fee as a probate. That scale rises in slabs from 2% to 7.5% and is capped at ₹75,000, according to the Bombay High Court’s schedule. A certificate later extended to more assets under Section 376 pays twice that fee on the added value. Rates differ in other states, so ask the court or your lawyer for the current figure before you file.

Process and timeline

1. Draft the petition with the asset schedule and list of heirs.
2. File it with the District Judge, with the court fee deposit.
3. The court fixes a hearing date, sends notice to the persons it thinks fit, and displays a public notice at the courthouse and wherever else it directs.
4. Heirs or others can file objections before the hearing.
5. The judge decides the right to the certificate in a summary way. If the questions are complex, the judge can still grant it to the person who appears to have the best title.
6. If the court orders it, furnish the security bond.
7. The court issues the certificate listing the specific debts and securities, with powers to collect interest or dividends and to transfer or negotiate securities.
8. Present the certificate to the bank, company or depository to collect.

How long this takes depends on the court’s workload and on objections. The order does not bar a later civil suit over who owns the assets. A certificate can be revoked under Section 383 if it was obtained by fraud or concealment, or if the proceedings were defective.

Indemnity bond or security

Under Section 375, the District Judge may require the applicant to give a bond, with one or more sureties, to account for what is collected and to protect anyone who later proves a better right. Security is compulsory where the judge grants the certificate despite unresolved complex questions.

Where there is a will, a probate or letters of administration may be the right route instead; see our guide to wills and succession. A lawyer who practises in your district court can advise on the petition, the court fee and the security.

Frequently asked questions

What is a succession certificate?

It is a certificate from a civil court under Part X of the Indian Succession Act, 1925 that authorises its holder to collect a deceased person’s debts and securities.

Is a succession certificate needed for a house or land?

No. It covers only debts and securities. Courts have held it cannot be granted for immovable property.

What are the court fees for a succession certificate?

A percentage of the value of the debts and securities, set by state law. In Maharashtra it follows the probate scale of 2% to 7.5%, capped at ₹75,000.

Do I need a succession certificate if there is a nominee?

Usually not for bank deposits. RBI’s 2025 Directions let banks pay a nominee or survivor against a claim form, death certificate and identity proof.

Can a bank insist on a succession certificate for a small balance?

Not for claims within the simplified procedure. Banks must settle claims up to ₹15 lakh (₹5 lakh for co-operative banks) without one, against an indemnity and a legal heir certificate or affidavit.

How is a succession certificate different from a legal heir certificate?

A succession certificate is issued by a civil court for debts and securities. A legal heir certificate is an administrative document that identifies the heirs, issued by state authorities under their own rules.

Can a succession certificate be challenged?

Yes. An appeal lies to the High Court under Section 384, and the certificate can be revoked under Section 383 for fraud, concealment or defective proceedings.

Sources

• Reading material on succession certificates (Indian Succession Act, Part X) — District Court, Durg (checked 16 Sep 2026)
• Settlement of Claims in respect of Deceased Customers of Banks Directions, 2025 — Reserve Bank of India (checked 16 Sep 2026)
• Court fee payable under the Bombay Court-fees Act, 1959, Schedule I — Bombay High Court (checked 16 Sep 2026)