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.
No nominee, a large balance
The bank asks for a court order.
Below the bank’s threshold an indemnity bond is often enough. Above it, banks usually insist on a succession certificate.
Please produce a succession certificate before we can release the balance.
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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.
Common questions
- Can property be sold without a succession certificate?
- Usually yes, because a succession certificate does not cover immovable property at all. It authorises the holder to collect debts and securities — bank balances, shares, deposits. To sell inherited land or a house the heirs generally need the property mutated into their names on a legal heir certificate, with every heir joining the sale deed.
- When is a succession certificate not required?
- Whenever the institution will settle without one. If a nominee is registered, it cannot be demanded at all. Where there is no nominee, the RBI (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025 requires every bank to fix a threshold — no lower than ₹15 lakh at a scheduled bank — below which it settles on an indemnity and declarations instead.
- What does a succession certificate cost?
- The court fee is a percentage of the value of the assets claimed, set by each state's court fees legislation and commonly in the region of two to three per cent, plus your advocate's fee. On a large estate that is a substantial sum, which is why it is worth confirming that the institution genuinely requires one before filing.
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.
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Last reviewed 2026-08-22. This is general information, not legal advice. Institution requirements change — confirm before you file.