Mera Hissa.

Do I need a succession certificate, and how do I get one?

You need one when an institution holding a large sum refuses to release it on an indemnity bond alone — usually a bank, a company registrar or a mutual fund. It is granted by a civil court under sections 370 to 390 of the Indian Succession Act, requires an advocate, and takes six months or more. Many families apply for one they did not need, because nobody told them a legal heir certificate would have been accepted.

Check whether you actually need one

Before starting a court application, ask each institution in writing what they will accept. Many will settle against an indemnity bond and affidavit, or accept a legal heir certificate from the revenue authority — both dramatically faster.

A succession certificate covers debts and securities: bank balances, shares, debentures, deposits. It does not deal with immovable property, which needs different documents entirely.

What the process involves

A petition is filed in the district court where the deceased lived or where the assets are. It lists the heirs, the assets, and the shares claimed. The court issues a public notice, usually in a newspaper, inviting objections, and waits — commonly 45 days.

If nobody objects, the court grants the certificate on payment of court fees, which are calculated as a percentage of the value of the assets and vary by state. If someone does object, it becomes a contested suit and the timeline extends considerably.

Legal heir certificate versus succession certificate

A legal heir certificate is issued by a tahsildar or equivalent revenue officer and simply records who the surviving family members are. It is quick — often two to four weeks — and cheap, and is enough for pension transfer, provident fund claims and many bank settlements.

A succession certificate is a court order authorising you to collect debts and securities. It carries far more weight and is what a bank falls back on when the sum is large or the family situation is unclear.

Find out what your case needs

The free check applies all of the above to your actual family and your actual accounts, and tells you the shares and the document list in two minutes.

Check my caseFree · no account needed

Related

Last reviewed 2026-08-22. This is general information, not legal advice. Institution requirements change — confirm before you file.

Succession certificate in India: when you need one · Mera Hissa