In short. A succession certificate is granted by the District Judge of the district where the deceased ordinarily lived, under Sections 370 to 390 of the Indian Succession Act, after notice to the heirs and the public. It authorises the holder to collect the listed debts and securities, and anyone who pays the holder is discharged. It does not decide final ownership or cover immovable property.
The request usually comes from a bank. A parent dies, the fixed deposits have no nominee, and the branch says it needs a succession certificate before it will release the money. Sometimes it comes from a company registrar holding physical shares, or from a debtor who owes the deceased money and refuses to pay anyone without a court order. In each case the certificate is a protection for the payer as much as a right for the heir.
This post explains when you actually need a succession certificate, how the petition is prepared and decided, and what to do once you have it. Where there is a will and you need authority over the whole estate, read probate of a will in Delhi. Where a revenue-office certificate may be enough, see legal heir certificate vs succession certificate. For our work with banks more generally, see the banking and insurance laws page.
- The law
- Indian Succession Act 1925, Sections 370 to 390
- Which court
- District Judge where the deceased ordinarily resided at death
- What it covers
- Debts and securities: deposits, shares, debentures, money owed
- What it does not cover
- Land, houses and other immovable property
- Effect
- Payment to the holder discharges the payer (Section 381)
- Usual time, uncontested
- A few months to under a year, depending on the court
What does a succession certificate cover?
It covers debts and securities owed to the deceased, and only those listed in the certificate. Debts include money in a savings or current account, fixed and recurring deposits, money lent to a friend or a business, unpaid salary or dues from an employer, and refunds owed by a builder or a government department. Securities include shares, debentures, government bonds and similar instruments, whether held in physical form or in a demat account.
It does not cover immovable property. For a flat, house, plot or shop, the heirs establish their right through the succession law itself, a will, mutation, and if needed a partition or declaration suit. People often apply for a succession certificate hoping it will settle a dispute about the family house, and are surprised to find the court will not even list the house in the certificate.
The certificate does not decide who ultimately owns the money either. The judge holds a summary inquiry and grants it to the person who appears to have the best right, but under Section 387 that decision does not bar a later suit between the heirs about who is entitled to the money. The holder collects on behalf of everyone entitled and has to account to them.
Do you need a succession certificate at all?
Often you do not. Where an account has a nominee, the bank pays the nominee on a claim form and death certificate. Where an account or deposit is joint with an 'either or survivor' or 'former or survivor' mandate, the bank pays the survivor. Demat accounts and mutual fund folios with a registered nominee are transmitted to the nominee in the same way. In those cases a succession certificate adds nothing.
Where there is no nominee or survivor, banks follow the Reserve Bank's directions on settlement of claims of deceased customers. The 2025 directions, which banks had to implement by 31 March 2026, require a simplified procedure up to a threshold, ₹15 lakh for most banks and a lower figure for co-operative banks, in which the heirs give a claim form, an indemnity, a declaration and proof of heirship instead of a court document. Settlement is to be completed within 15 days of receiving complete papers. Above the threshold, or where the heirs disagree, the bank is entitled to ask for a succession certificate, probate or letters of administration.
For shares and mutual funds, SEBI's rules allow transmission on simplified documents, such as an affidavit, indemnity and no-objection from the other heirs, up to a value limit set by SEBI. Above that limit, or for physical shares in some companies, the registrar insists on a succession certificate or probate. A succession certificate is also needed by law when an heir sues to recover a debt owed to the deceased: under Section 214, the court cannot pass a decree against the debtor in favour of an heir who has not produced one.
Does a nominee own the money?
No. A nominee is the person the bank or company pays, which gives the payer a valid discharge, but the nominee holds the money for the legal heirs or the beneficiaries under a will. The Supreme Court has confirmed this for shares as well as deposits: nomination is a convenience for transfer, not a way to bequeath property. If the nominee is not also the sole heir, the other heirs can claim their shares from the nominee, if necessary in court.
Since 1 November 2025, after the Banking Laws (Amendment) Act 2025, bank customers can name up to four nominees for deposits, either simultaneously in fixed proportions or one after another. That makes settlement with the bank easier, but it does not change the rule that nominees hold for the heirs. A widow who is named as sole nominee on her husband's deposits still shares them with his other Class I heirs if he died without a will.
This is why families sometimes apply for a succession certificate even when a nominee exists. If the nominee refuses to share, or the heirs want the bank to pay into an account that the nominee does not control, the certificate puts the collection in the hands of someone the court has approved. A point Advocate B.K. Singh often makes to families is that the cheapest succession certificate is the one avoided by a family agreement, recorded in writing, about who will collect and how it will be split.
Which document does the payer usually ask for?
Institutions set their own policies within the law and the regulator's directions, so treat this as the usual pattern, not a rule.
| Asset | With a nominee or survivor | No nominee, smaller amount | No nominee, larger amount or dispute |
|---|---|---|---|
| Bank savings account or FD | Paid to nominee or survivor on claim form and death certificate | Simplified procedure under the RBI directions, with indemnity and proof of heirship | Succession certificate, probate or letters of administration |
| Demat shares and mutual funds | Transmitted to the nominee | Transmission on affidavit, indemnity and heirs' no-objection up to SEBI's limit | Succession certificate or probate |
| Physical share certificates | Transmitted to the nominee if registered | Company or registrar's simplified documents up to its limit | Succession certificate or probate, often required |
| Money lent to a person or business | Not applicable | Debtor may pay voluntarily against heirs' indemnity | Succession certificate needed to obtain a decree (Section 214) |
| Employer dues, PF, gratuity | Paid to the nominee under the scheme or Code | Employer's own procedure, often with a legal heir certificate | Succession certificate if the employer insists or heirs dispute |
| Bank locker contents | Released to nominee or survivor under the locker rules | Bank's procedure with inventory and indemnity | Court document if heirs dispute |
Who can apply, and what if there is a will?
Any person who claims to be entitled to the deceased's debts and securities can apply: usually a widow, widower, child or parent who is a Class I heir, or the next heirs if there are none. The other heirs are named in the petition and served with notice. If they agree, they file no-objection affidavits, often consenting to the certificate being issued in one person's name so that one person deals with the banks. If they do not agree, they can object, or the court can issue the certificate to more than one person jointly.
A succession certificate is mainly used where the deceased died without a will. It can be granted where there is a will too, since probate is no longer compulsory anywhere after the 2025 omission of Section 213, but where the will is the source of the claim and the estate includes other property, probate or letters of administration with the will annexed usually makes more sense, because it covers the whole estate in one grant.
Creditors of the deceased cannot use a succession certificate to collect what the deceased owed them; they sue the estate or the heirs. And a person who was merely a joint holder for convenience, without being an heir, has no claim to apply in their own right.
Which court grants a succession certificate?
The District Judge of the district where the deceased ordinarily resided at the time of death, under Section 371. If the deceased had no fixed place of residence, the District Judge of any district where part of the property is found. The location of the bank branch or the company's registered office does not matter. Our civil and property lawyer in Delhi page covers property and succession cases in the Delhi courts more generally. A person who lived in Vaishali and kept a fixed deposit in Connaught Place has the petition filed in Ghaziabad, not New Delhi.
In Delhi, succession certificate petitions are filed before the District Judge of the district concerned in the relevant court complex, such as Dwarka for South West Delhi or Karkardooma for East Delhi, and are commonly assigned to an Additional District Judge. For Noida and Greater Noida the court is the District Judge at Gautam Buddh Nagar, Surajpur, and for Ghaziabad, the District Judge at Ghaziabad. Pecuniary value does not move these petitions to the High Court the way it does for suits.
The sections of the Indian Succession Act that matter
Section 214
No court shall pass a decree against a debtor of a deceased person for payment of the debt to a person claiming the deceased's effects, unless that person produces probate, letters of administration or a succession certificate covering the debt. This is why a suit or cheque case to recover money owed to the deceased stalls without one.
Sections 370 to 372
Section 370 limits the certificate to debts and securities. Section 371 fixes the court by the deceased's ordinary residence. Section 372 lists what the petition must state: the date of death, the deceased's residence, the family and other near relatives, the applicant's right, the absence of any impediment, and the debts and securities claimed.
Sections 373 to 375
The judge fixes a hearing, gives notice to interested persons and the public, hears objections and decides the right summarily. If the question is too involved to decide summarily, the certificate goes to the applicant with the best prima facie title. The certificate lists the debts and securities it covers, and the court may require a security bond, with or without sureties, for any loss caused by the grant.
Sections 376, 381, 383 and 387
Section 376 allows the certificate to be extended to further debts or securities discovered later. Section 381 makes payment to the holder a full discharge for the payer. Section 383 allows revocation for defects such as fraud, concealment of a necessary fact or a false allegation. Section 387 keeps the decision summary, so the true title can still be fought out in a suit.
Documents for a succession certificate petition
Get bank and company statements as close to the date of death as possible; the petition should state the amounts precisely.
About the deceased
- Death certificate
- Proof of last ordinary residence, such as Aadhaar, voter card or utility bill
- PAN and any identity documents used with the banks
- Marriage certificate, if relevant to show the spouse
About the heirs
- Family tree with names, ages, relationships and addresses of all heirs
- Identity and address proof of the petitioner
- No-objection affidavits of other heirs, if they consent
- Legal heir or family member certificate, if already issued
About the assets
- Bank letters or statements showing each account and FD with amounts
- Demat holding statement or share certificates with folio numbers
- Mutual fund statements
- Loan agreement, cheque or acknowledgement for money owed to the deceased
- Letters from the bank or company asking for a succession certificate
How a succession certificate is obtained
This is the usual path in Delhi, Noida and Ghaziabad district courts.
Prepare the petition under Section 372
The petition sets out the date and place of death, the deceased's residence, all heirs, the petitioner's right and a schedule of each debt and security with its value. It must say whether the deceased left a will. It is verified by the petitioner on oath.
File with court fee
Court fee is payable on the value of the debts and securities covered, at the rate applicable in the state. The petition is filed with the documents and the consents of other heirs, if any.
Notice to heirs and the public
The court issues notice to the heirs named in the petition and directs a public notice, usually by publication in a newspaper, fixing a date for objections. In Delhi the period given is commonly about a month or more.
Hearing and evidence
If nobody objects, the petitioner files an affidavit of evidence and is examined briefly. The court may ask for original bank papers or explanations of any heir left out.
Order and security bond
The court orders the certificate to be granted, often on furnishing a security bond or an indemnity bond with a surety for the amount covered, under Section 375. The court can reduce or dispense with security where all heirs consent.
Issue of the certificate
Once the bond and any balance court fee are filed, the certificate is issued, listing each debt and security. Obtain certified copies, since each bank and registrar will want one.
Collect and distribute
Present the certificate to each bank or company with their claim form. Distribute among the heirs according to their shares and keep a written account, because the holder must answer to the other heirs.
Court fee, security bond and costs
Court fee on a succession certificate is ad valorem on the value of the debts and securities covered, at the rates under the Court Fees Act as applicable in Delhi or in Uttar Pradesh. It rises with the amount, so a certificate that covers a large demat portfolio costs more than one for a single deposit. Include only the assets that actually need the certificate; deposits with a nominee and accounts already settled under the bank's simplified procedure can be left out.
The security bond under Section 375 is meant to protect anyone who suffers loss if the certificate later turns out to have been wrongly granted, such as an heir who was not disclosed. Courts commonly ask for a bond equal to the amount covered, with a surety who owns property or has sufficient income. Where all the heirs have consented in writing, courts are often willing to accept a personal bond or reduce the surety amount.
Other costs are publication charges, process fees and affidavits. Advocate's fees are agreed in writing at the start; court fees and out-of-pocket costs are separate. Ask for the current court fee once you have the asset values, rather than relying on an old figure.
What if another heir objects?
An heir who objects files written objections, usually claiming a will, a better right, that the petitioner left out an heir, or that the assets are not the deceased's. The court decides the question summarily. It does not hold a full civil trial; it looks at the papers and the evidence and grants the certificate to whoever appears to have the strongest title. If the question is genuinely complicated, it may still grant the certificate to the person with the best prima facie claim, leaving the rest to a suit.
Where the dispute is about a will, the objector often files a probate petition or the petitioner is asked to seek probate instead, because a succession certificate is not the place to test a contested will. Where the dispute is about shares among heirs who all agree on the facts, the court can issue the certificate jointly or to one heir with a direction about distribution.
When Advocate B.K. Singh is approached by an heir who has been left out of a petition, the first step is usually to file objections before the certificate issues. After it issues, the remedy is revocation under Section 383 or a suit against the holder for an account, which is slower and more expensive.
A made-up example: deposits, shares and a loan to a friend
Here's a made-up example. Mohan, who lived in Indirapuram, Ghaziabad, died in 2025 without a will. He left his wife Rekha, son Arun and daughter Divya. His estate includes fixed deposits of ₹22 lakh at a bank branch in Delhi with no nominee, a demat account worth ₹9 lakh with Arun as nominee, and ₹6 lakh he lent to a friend against a written acknowledgment.
The bank says the deposits exceed its simplified procedure threshold and asks for a succession certificate. The demat account is transmitted to Arun as nominee, and the family records in writing that Arun holds it for all three equally. The friend, meanwhile, says he will repay only against a court document. Rekha files a petition before the District Judge at Ghaziabad, because that is where Mohan ordinarily lived, covering the deposits and the loan, with consents from Arun and Divya.
Notice is published and no one objects. The court grants the certificate on Rekha's personal bond with one surety, reduced because the heirs consented. The bank pays the deposits within the time allowed under its policy. The friend still does not pay, and Rekha files a recovery suit, now able to show the certificate that Section 214 requires. The whole certificate process takes about six months. The demat shares were never part of it, because a nominee was registered.
How long does a succession certificate take?
An uncontested petition in a Delhi, Noida or Ghaziabad district court commonly takes a few months to under a year from filing to issue. The main variables are how quickly notice is served on heirs, especially those abroad, the publication period, the court's board and how fast the security bond is arranged. A contested petition can take a year or more, and an appeal to the High Court against the order adds time.
You can save weeks by having every heir's consent affidavit ready at filing, giving exact addresses for service, getting the asset statements dated close to the date of death, and lining up a surety in advance. A petition that lists a deposit at the wrong branch or omits an account number often gets sent back by the bank after the certificate issues, which then needs an amendment or extension.
After the certificate: using it, extending it and its limits
Take a certified copy of the certificate to each bank, company or debtor named in it, with their own claim form and identity proof. A payer who pays the holder is discharged under Section 381, so banks generally act on it without further enquiry once the certificate covers the specific account. If you discover another account or another folio of shares after the certificate issues, apply to the same court to extend it under Section 376 rather than starting afresh.
The holder collects as a trustee for all those entitled. If Rekha in the example above collects the deposits, she must share them with Arun and Divya according to their shares. A holder who keeps the money can be sued for an account, and a certificate obtained by concealing an heir or a will can be revoked under Section 383.
For immovable property, the heirs need different documents, typically mutation on the basis of a legal heir certificate, a relinquishment deed from heirs who want to give up their share, or a partition if they cannot agree. See property mutation in Delhi and UP and partition suits for joint property.
Succession certificates for Muslim, Christian and Parsi families
The succession certificate procedure applies to everyone, whatever their religion. What changes is who the heirs are and what shares they take. For a Hindu, Buddhist, Sikh or Jain who died without a will, the Hindu Succession Act decides; for a Muslim, Muslim personal law, with fixed shares for each heir; for Christians and Parsis, the Indian Succession Act. The petition must name the heirs under the law that applies and state their shares if the certificate is to be issued in proportion.
Where the deceased was a Muslim and left a will, the will can deal with only one third of the estate without the heirs' consent, so a succession certificate petition based on such a will should say how the remaining two thirds will be distributed. Mixed families, for example where a spouse converted, need care in identifying which law applies.
Mistakes that delay a succession certificate
- Leaving out an heir. Every heir must be named and served. An heir discovered later can have the certificate revoked.
- Filing in the wrong district. The court is fixed by the deceased's ordinary residence, not the bank's branch.
- Including assets that do not need it. Nominated accounts and those settled under the bank's simplified procedure add court fee without benefit.
- Vague asset details. Give account and folio numbers and amounts as on the date of death. Banks reject certificates that do not match their records.
- Hiding a will. If a will exists, say so. A certificate obtained by concealing it can be revoked.
- No surety ready. The order often comes with a bond requirement. Finding a surety late can add weeks.
What to do this week
- Ask each bank and company in writing what document they require and under which threshold.
- Check every account, deposit, demat and folio for a nominee or survivor clause.
- Get statements showing each balance as on the date of death.
- Write out the list of heirs with addresses, including any abroad.
- Ask the other heirs for no-objection affidavits and agree who will collect.
- Find out whether the deceased left a will.
- Identify a surety who can stand for the amount if the court asks.
Getting the petition right the first time
A succession certificate is not usually a fight. It is a paperwork exercise in which small errors, a missing heir, a wrong account number, the wrong district, cost months. Spending a little time on the schedule of assets and the family tree before filing saves much more later.
If you want the papers checked before you file, the team of Advocate B.K. Singh can tell you whether a certificate is needed at all, which court to approach and what to list. Send the bank's letter and a short note through the online enquiry page. Our civil law practice page has more on succession and property work.
Frequently asked questions
Is a succession certificate needed if there is a nominee?
Usually not. The bank or company pays the nominee on a claim form and death certificate. The nominee then holds the money for the legal heirs, who can claim their shares from the nominee if he or she is not the only heir.
Can a succession certificate be used for a house or land?
No. A succession certificate covers only debts and securities such as deposits, shares and money owed. For immovable property, heirs rely on the succession law or a will, mutation and, if necessary, a partition or declaration suit.
Which court issues a succession certificate in Delhi?
The District Judge of the district where the deceased ordinarily lived at the time of death. The petition is usually heard by an Additional District Judge at the district court complex.
How long does it take to get a succession certificate?
An uncontested petition usually takes a few months to under a year, depending on service of notice, the publication period and the court's workload. Objections or heirs living abroad add time.
What is the court fee for a succession certificate?
It is ad valorem on the value of the debts and securities covered, at the rates applicable in Delhi or Uttar Pradesh. Ask for the current figure once you know the asset values, and include only the assets that need the certificate.
Can the bank refuse to pay without a succession certificate?
Below the threshold in the RBI's directions for deceased customers' claims, the bank should follow the simplified procedure with an indemnity and proof of heirship. Above that, or where heirs disagree, it can ask for a succession certificate, probate or letters of administration.
Can a succession certificate be issued in the name of one heir?
Yes. If the other heirs consent, the court commonly issues it in one heir's name. That heir collects on behalf of all and must distribute according to their shares.
What is the security bond in a succession certificate?
Under Section 375, the court can require the applicant to give a bond, often with a surety, to cover loss if the certificate turns out to be wrongly granted. Where all heirs consent, courts often reduce or dispense with the surety.
Can a succession certificate be revoked?
Yes, under Section 383, for reasons such as fraud, concealment of a material fact like another heir or a will, or a false statement in the petition. An heir who was left out can apply for revocation.
Is a legal heir certificate the same as a succession certificate?
No. A legal heir certificate is issued by the SDM or tehsildar to identify the heirs, and is used for pensions, mutation and smaller claims. A succession certificate is a court order authorising collection of specific debts and securities.
Can I add an account to the succession certificate later?
Yes. Section 376 allows the court that granted the certificate to extend it to further debts or securities discovered later, on a fresh application and court fee for the added amount.
Do I need a succession certificate to recover money the deceased lent to someone?
If the debtor will not pay voluntarily and you have to sue, yes. Section 214 bars a court from passing a decree in favour of an heir for a debt owed to the deceased unless the heir produces a succession certificate, probate or letters of administration.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.