When a deceased person passes away without leaving behind a valid Will, the legal heirs often need to obtain a succession certificate to claim the deceased person's assets, such as bank accounts, fixed deposits, and mutual funds.

While the process may seem daunting, understanding the timeline, steps involved, and required documentation can simplify the journey.

In this comprehensive guide, we break down the average timeline to obtain a succession certificate in India, explain the legal process, and cover everything from court fees, documents required, and how to handle objections.

This article is especially useful for individuals managing the affairs of a deceased person’s estate in the absence of a Will.

What Is A Succession Certificate?

A succession certificate is a legal document issued by a civil court to the legal heirs of a deceased person. It establishes their authority to inherit movable assets, such as:

• Bank accounts
• Fixed deposits
• Mutual funds
• Shares and securities
• Insurance claims

It is governed by the Indian Succession Act, 1925, particularly Section 370 to Section 390.

Note: A succession certificate is different from a legal heir certificate, which is generally issued by local revenue authorities and is not always sufficient to claim bank or financial assets.

Who Can Apply For A Succession Certificate?

Any of the legal heirs of the deceased person can apply, including:

• Spouse
• Children (biological or adopted)
• Parents
• Siblings, in some cases

Only direct legal heirs are typically granted the certificate, though others may also be considered based on the succession laws applicable to the case (Hindu, Muslim, Christian, etc).

The applicant must:

• Be of legal age
• Be of sound mind
• Submit proof of relationship with the deceased

How Long Does It Take To Get A Succession Certificate?

Average Timeframe: 3 to 6 Months

In most cases, it takes anywhere between 3 to 6 months to obtain a succession certificate from the date the petition is filed in the district court. However, the timeline may vary depending on:

1. Jurisdiction and the workload of the court
2. Availability of all required documents
3. Whether any objections are filed
4. Delays in publishing a newspaper notice
5. Response time of interested parties or other legal heirs

In complex cases with disputes, it may take up to a year.

Step-By-Step Process To Obtain A Succession Certificate

1. Prepare Necessary Documents

Before approaching the court, gather the following:

• Death certificate of the deceased
• Birth certificates or other proof of relationship
• Marriage certificate (if spouse is applying)
• Details of bank accounts, mutual funds, or other movable assets
• Address proof and ID proof of the applicant
• List of all the legal heirs

2. File the Petition in District Court

The petition must be filed in the district court within whose jurisdiction the deceased person ordinarily resided at the time of death. If the deceased resided in a foreign country, the petition is filed where the assets are located.

The petition includes:

• Details of the deceased person
• Date and place of death
• List of movable assets
• Names and addresses of legal heirs

3. Payment of Court Fees and Judicial Stamps

• Court fees are governed by the Court Fees Act and vary by state.
• It is usually a percentage (e.g., 0.5% to 2%) of the value of the estate.
• Judicial stamps must be affixed to the petition.

4. Newspaper Notice Issued

• After the petition is accepted, the court issues a newspaper notice.
• This invites objections (if any) from the public.
• A waiting period of 30 to 45 days is mandatory.

5. Objection Period and Hearing

• If no objections are filed, the process moves forward smoothly.
• If interested parties or other heirs file objections, a hearing is conducted.

6. Certificate Granted by the Court

• Once the court is satisfied, the succession certificate is issued to the rightful heir.
• The certificate may include conditions or restrictions.
• In most cases, the applicant may be asked to furnish one or more sureties.

Where To Apply: Competent Court & Jurisdiction

You must apply to the district judge or competent court having appropriate jurisdiction, ie, the court where:

• The deceased person resided, or
• The deceased person's assets are located

This includes:

• District courts
• Courts designated under applicable laws and court fees act

What Assets Can Be Claimed Using A Succession Certificate?

A succession certificate is generally required to claim:

• Bank deposits and savings
• Fixed deposits (FDs)
• Mutual funds
• Insurance claims
• Provident fund or retirement benefits
• Debts and securities (such as bonds and shares)

It is not valid for immovable assets like land or property, which require either a legal heirship certificate or court order.

Legal Heir Certificate vs Succession Certificate

Why Is A Succession Certificate Important?

• It enables the legal transfer of the deceased’s estate.
• Helps bank officials and financial institutions confirm the rightful owner.
• Acts as legal proof to deal with debts and securities.
• Minimises the risk of future disputes among family members.

Can It Be Challenged?

Yes. Interested parties can:

• File objections during the notice period
• Contest the certificate in the same or higher court
• Present evidence questioning the relationship, mental fitness of the applicant, or existence of a Will

Time-Saving Tips To Speed Up The Process

1. Ensure all documents are complete and accurate
2. Consult a lawyer to avoid errors in the petition
3. List all assets clearly with estimated values
4. Inform all family members beforehand to avoid objections
5. Respond promptly to any notices or hearings

Documents Required (Full Checklist)

• Death certificate of the deceased
• Aadhar card/PAN card of applicant
• Proof of residence of deceased and applicant
• List of movable assets with account numbers and values
• Relationship proof: birth/marriage certificates
• Affidavit declaring all living heirs
• Identity proofs of Witnesses (if needed)

Common Scenarios That Require A Succession Certificate

• The deceased person passed away without a Will
• No nominee is mentioned in the bank accounts or mutual funds
• Nominee is deceased or disputes arise
• The bank or financial institution demands legal proof
• Disbursal of retirement benefits or insurance claims

The Bottom Line: How Yellow Can Help

Obtaining a succession certificate in India is a crucial but time-bound process. On average, it takes 3 to 6 months, depending on how efficiently the petition is filed and whether there are any objections from other heirs or interested parties.

While it can be emotionally taxing to deal with paperwork after a loved one’s death, a well-organised application, complete documents, and legal guidance can ease the burden. Whether you're handling bank deposits, mutual funds, or other movable assets, having such a certificate helps ensure a smooth and legally valid transfer of ownership.

If you're unsure where to begin, consult with an estate planning expert or legal counsel to navigate the process effectively and safeguard your family’s financial future.

At Yellow, we can help you with all aspects of estate planning, including Wills, Trusts, Powers of Attorney, Gift Deeds, Legal Heir and Succession Certificates, and Living Wills. We also offer post-demise and asset transfer services. Our team of legal experts has more than 50 years of combined experience.