Succession certificate

A succession certificate is issued by a civil court to a person entitled to the deceased's debts and securities. It lets that person receive money owed to the deceased (bank deposits, loans given, provident fund dues) and transfer securities such as shares and bonds, and it protects the payer who pays them.

The law behind it

Part X of the Indian Succession Act, 1925 (Sections 370 to 390) governs succession certificates. The petition goes to the District Judge where the deceased lived (Section 371) and must give the details set out in Section 372. The court decides who has the best right to the certificate, but this does not finally settle title between the heirs.

What it does not cover

• Immovable property, such as a house or land: that passes through mutation, a will, or a partition.
• Debts and securities for which probate or letters of administration have already been granted.

Succession certificate or legal heir certificate

A legal heir certificate is an administrative document from the revenue office that lists the family members. A succession certificate is a court order that authorises collection of particular debts and securities. Banks and companies may ask for either, depending on the amount and their own rules.

Draft a succession certificate petition, and read legal heir certificate vs succession certificate.