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Frequently Asked Questions

A Succession Certificate is a legal document issued by the District Court that allows legal heirs to collect and transfer the financial assets of a deceased person. It is required when someone dies without a Will (intestate) and banks, financial institutions, or corporate registrars need legal proof of heirship before releasing money, deposits, mutual funds, or securities to family members.

Any legal heir of the deceased can apply, including: Spouse Children (biological or adopted) Parents Siblings (if primary heirs are not alive) The court grants the certificate only after verifying the relationship, asset list, and objections, if any.

In many states, the application process can be partially completed online, including: Filing the petition Uploading documents Tracking case status However, final hearings, verification, and issuance still happen in the District Court, as the certificate is a judicial order, not an administrative document.

The typical timeline is: Minimum: 30 days (public objection period) Average: 1 to 3 months Longer: if multiple heirs dispute the assets The process moves faster when documents are complete and no objections are raised by relatives or the public.

Common documents include: Death Certificate of the deceased Identity proofs (Aadhaar, PAN, Passport) Family Tree or Legal Heir Certificate List of bank accounts, deposits, shares, policies, etc. Address proofs Passport-size photographs Petition and affidavit Additional papers may be requested in cases involving NRIs or disputed claims.

Cost varies by state and depends on stamp duty and court fees. Typically, expenses include: Court fee (a percentage of asset value) Stamp duty Document preparation and lawyer fees (optional) Different states have different fee slabs, such as Karnataka, Maharashtra, and Delhi.

Hiring a lawyer is not mandatory, but most people prefer legal support because: Drafting the petition correctly avoids rejection Lawyers handle hearings and objections Errors can delay the process for months Professional assistance often ensures faster approval with fewer revisions.

Usually not. If a Will exists, Probate or Letter of Administration is typically used instead. However, some banks or financial bodies may still ask for a Succession Certificate for additional legal clarity before releasing funds.

A Legal Heir Certificate only proves the relationship of the applicant with the deceased. A Succession Certificate, on the other hand: Grants legal right to claim financial assets Is issued by the court Carries stronger legal standing Banking and investment transfers generally require a Succession Certificate.

No. A Succession Certificate is primarily meant for movable financial assets, not real estate. For immovable property, legal heirs generally need: Probate Registered Will Letter of Administration Partition deed (in family settlement cases)

Yes. NRIs can apply from abroad by: Filing through a Power of Attorney holder Submitting embassy-attested documents Courts accept NRI petitions as long as identity, relationship, and asset information is verified.

Yes. The certificate can be challenged in court if someone: Claims better legal right Presents new evidence Proves misrepresentation or fraud The court may revoke or modify the certificate after reviewing the case.

If all heirs apply jointly, the process is simple. If disputes arise: The court hears all parties May divide ownership shares Will only issue the certificate once resolution is reached

A nominee is not the owner, only a custodian. Banks may still require a Succession Certificate to legally transfer ownership to rightful heirs. So nomination simplifies access, but doesn’t replace inheritance rights.

If the deceased has: No Will No joint account holder No business succession documents, then the bank is legally correct in asking for a Succession Certificate.

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