When someone passes away without leaving a will (intestate), their family is often left with a difficult emotional and legal journey. One of the first practical hurdles they face is accessing the deceased person’s money, bank accounts, fixed deposits, post office savings, and investments like shares or mutual funds.
Most of the time banks, post offices, and companies won’t release these funds to family members based only on identity or relationship. Instead, they ask for a legal document called a succession certificate from a civil court.
In this article, we explain what a succession certificate is, when it is required, and how the process works. We also walk you through how to draft a succession certificate petition, the key points you must include, and the documents you should keep ready to make the process smoother.
Understanding the basics: What exactly is a succession certificate?
A succession certificate is a legal document issued by a district civil court under the Indian Succession Act, 1925. It gives you the legal right to claim and manage the financial assets of a person who has passed without leaving a valid Will. It confirms that you are a legal heir and allows you to collect debts, access securities, and handle the movable assets of the deceased.
Please note : A succession certificate is only for movable assets and financial liabilities, not for property or real estate. You may need it to claim assets like bank accounts, fixed deposits, shares, mutual funds, or life insurance money in the name of your deceased parent or relative.
If the deceased person owned immovable property like real estate or land, you would typically need a different document called a probate, Letters of Administration or legal heir certificate, not a succession certificate.
Why is a succession certificate necessary?
Let’s understand this with an example: X’s father passed away without a Will and has a large fixed deposit in a bank. When he goes to the bank to withdraw this money, the bank asks for legal proof that X has the legal right to receive this money. That proof is the succession certificate.
A succession certificate mainly helps in three simple ways:
- It shows who has the legal right to get the money and investments of the person who has died.
- It makes it easier and quicker for the family to claim these amounts from banks and other institutions.
- It allows the legal heir to properly manage, transfer, or close these accounts and investments as per the succession laws applicable to them.
How to get a succession certificate?
Step 1: Identify the right court
Find the court that has power in the area where the person who has passed was “ordinarily residing” (usually their permanent address).
In most cases, this is the local civil court (often called Civil Judge or District Court) for that area.
Step 2: Prepare your documents
Gather all the necessary paperwork, including the deceased’s death certificate, proof of your relationship with the deceased (like a birth certificate or marriage certificate), your identity proof, address proof, and a detailed list of the debts and securities you’re trying to inherit.
Step 3: File the petition in court
Write an application for succession certificate with the help of a lawyer and file it in the district civil court that has jurisdiction over the area where the deceased resided or where their assets are located.
The petition must include specific details: the date, time, and place of death, names and addresses of other legal heirs, details of properties or residence of the deceased, a statement about your rights, and the debts or securities for which you’re seeking the certificate.
Step 4: Preliminary hearing
Once your petition is filed (along with the court fee), the district judge will schedule a preliminary hearing. If the judge finds your petition acceptable, they’ll set a date for the final hearing and send notices to relevant parties and potential objectors.
Step 5: Final hearing and decision
At the final hearing, the judge will listen to you, any other interested parties, and potential objectors. After considering all evidence and arguments, the judge will decide whether you qualify for the succession certificate.
Step 6: Bond submission (If Required)
In some cases, the court may ask you to submit a bond with sureties or other security as a safeguard against misuse of the certificate.
Succession certificate petition format:
Step 1: Write heading
→ At the top, write the name of the court: “In the Court of the __________ at __________”.
→ Then write a simple title like: “Petition for Succession Certificate under Section 372 of the Indian Succession Act, 1925”.
Step 2: Mention parties
→ Write “Petitioner”: your full name, age, address, and relationship to the person who passed away.
→ Write “Respondents”: names and addresses of other legal heirs, if they are being shown as respondents
Step 3: Give details of the person who died
→ Write the full name of the deceased.
→ Mention their last address, date of death, and place of death.
→ State that they were living within the area of this court at the time of death.
Step 4: Explain who the legal heirs are
→ List all legal heirs: name, age, relationship, and address.
→ Clearly show how you are related and why you are entitled to ask for the certificate (for example: “The deceased left behind his wife and two sons. I am his wife.”).
→ If the person died without a will, state that they died “intestate” (without making any will).
Step 6: List the assets for which you need the certificate
→ Make a clear list of each asset for which you want the succession certificate.
→ For bank accounts/FDs: write bank name, branch, account number, type of account, and approximate amount.
→ For shares/bonds/other securities: write company name, folio or demat details, and approximate value.
→ Mention that you are asking for the certificate only for these listed assets.
Step 7: Declare there is no other case
→ State that, as far as you know, no other court has given a succession certificate or probate/letters of administration for these same assets.
→ Also state that no other similar petition is pending in any court.
Step 8: State there is no legal problem
→ Add a simple line that there is no legal bar to granting the succession certificate in your favour.
→ If other legal heirs have no objection, mention that they support or do not object to your petition (and later attach their no‑objection).
Step 9: Write the “prayer” (what you are you seeking for in the petition
→ In the end, clearly request that the court:
→ Grant a succession certificate in your favour for the assets listed in the petition.
→ Allow you to collect the amounts and deal with those assets according to law.
Step 10: Attach required documents
Usually, You would have to annex:
→ Death certificate of the person who has passed.
→ Your ID and address proof.
→ Legal heir certificate / family tree, if available.
→ No‑objection affidavits from other legal heirs (if they are not joining as co‑petitioners).
→ Court‑fee and any other forms or affidavits required by that specific court.
Step 11: Sign, verify, and file
→ At the end of the petition, you sign and add a “verification” stating that what you have written is true to your knowledge and belief.
→Then the petition, along with all attachments and fees, is filed in the court registry or filing section.
Succession Certificate format
Header and reference number
The certificate begins with the court’s letterhead and contains a succession certificate number for official records and reference.
Deceased’s information
The certificate clearly states the full name of the deceased person, their father’s or parent’s name, the exact date they passed away, and their residential address at the time of death.
Declaration of intestate status
The certificate explicitly states that the deceased died without leaving a valid will (intestate).
Legal heirs listed
The certificate lists the names, addresses, and relationships of all recognized legal heirs of the deceased person.
Relationship of the applicant
It clearly mentions the relationship between the applicant (the person applying for the certificate) and the deceased, such as son, daughter, spouse, etc.
Details of assets and debts
A detailed list of all debts and securities is included. This covers bank accounts, fixed deposits, shares, mutual funds, and other movable financial assets. The certificate specifies exactly which assets and debts the holder has authority over.
Authority granted
The certificate grants the holder specific authority to receive, collect, and manage the debts and securities of the deceased person.
Court seal and judge’s signature
The document is authenticated with the official seal of the district court and signed by the district judge who issued it.
Final Thoughts
While the process of obtaining a succession certificate requires time and patience, it’s a crucial step for anyone inheriting movable assets from a deceased relative who didn’t leave a Will. Understanding what it is, when you need it, and how to get it can save your family considerable confusion and legal complications during an already difficult time. If you’re facing this situation, consulting with a legal expert can help streamline the process and ensure you have everything you need
