A succession certificate in Delhi is obtained by filing a petition before the district court for the area where the deceased ordinarily lived, naming every heir and listing the debts and securities to be collected. The court issues notice, hears any objections in a summary hearing, usually asks the applicant for a bond with sureties, and then grants a certificate that lets the holder collect those specific bank deposits, shares and debts. An uncontested petition commonly takes a few months to around a year.
What a succession certificate is for
The certificate is granted under Part X of the Indian Succession Act, 1925 (Sections 370 to 390). It covers two kinds of assets:
- Debts owed to the deceased: bank deposits and balances, money lent, unpaid dues.
- Securities, which Section 370(2) defines to include government securities and shares, stock and debentures of companies.
Under Section 381 the certificate is conclusive against the people who owe those debts or are liable on those securities, and protects them for payments made in good faith to the holder. That is why a bank or share registrar asks for one before releasing a large sum to an heir.
It does not cover immovable property, and it is not granted for assets that need probate or letters of administration under Sections 212 or 213. For how it compares with probate and a legal heir certificate, see our guide on probate vs succession certificate vs legal heir certificate.
Step 1: Check that you need one
Before filing, ask the bank, company or registrar what it requires. Where there is a valid nominee, a bank will often pay the nominee without a certificate. Where the amount is small, a legal heir certificate (in Delhi, a Surviving Member Certificate) with indemnity papers may be accepted. A succession certificate is usually needed where there is no nominee, the heirs disagree, or the amounts are large.
If there is a will, consider whether probate would serve the purpose better, since probate covers the whole estate.
Step 2: Identify the applicant and the heirs
Any person claiming the debts can apply, usually an heir. In practice one heir applies with no-objection affidavits from the others, or the heirs apply jointly. Section 372 requires the petition to set out the family and near relatives of the deceased, so the family tree must be complete. A missing heir is one of the commonest reasons for delay, and a certificate obtained by concealing one can be revoked under Section 383.
Step 3: Choose the right court
Section 371 gives jurisdiction to the District Judge where the deceased ordinarily resided at the time of death. If there was no fixed residence, the District Judge where any of the property is found can grant it. In Delhi that means the district court for the deceased’s area: for South Delhi usually Saket, for South West Delhi, Dwarka. The petition may be assigned to a subordinate civil court invested with these powers under Section 388.
The Delhi High Court held in Devender Nath Malik v. State (1986) that it has no concurrent jurisdiction over succession certificates, so the petition goes to the district court whatever the amount.
Step 4: Draft the petition
Section 372 requires a petition signed and verified by the applicant, stating:
- The time of the death of the deceased.
- The deceased’s ordinary residence at the time of death and, if that was outside the court’s area, the property within it.
- The family and other near relatives of the deceased, with their addresses.
- The right in which the applicant claims.
- That there is no bar under Section 370, such as an asset that needs probate.
- The debts and securities for which the certificate is sought, with their values.
The petition is filed with the court fee, which is charged on the value of the debts and securities, and with the supporting documents listed below. A false statement in the verification is an offence, so every figure should be checked against the bank and share statements.
Step 5: Notice and publication
If the judge finds ground to entertain the petition, Section 373 requires the court to fix a hearing date and to cause notice to be:
- served on anyone the judge thinks should receive special notice, usually the other heirs; and
- posted at the court and published in any other manner the judge directs, commonly a newspaper.
The time between notice and hearing varies with the court’s directions. Heirs who have given no-objection affidavits may still be served or asked to confirm their consent.
Step 6: Objections and the hearing
Anyone with an interest may object, for example another heir who says the applicant has left someone out, or a person relying on a will. The court decides the right to the certificate in a summary manner. Two points matter:
- If the questions of law or fact are too intricate for a summary hearing, Section 373(3) lets the court grant the certificate to the applicant with the strongest prima facie claim, leaving the dispute to a regular suit.
- Where there are competing applicants, Section 373(4) lets the court consider the extent of each one’s interest and their fitness.
The applicant’s evidence is usually an affidavit, with the death certificate and family documents.
Step 7: The security bond
Under Section 375, the court may require the applicant to give a bond with one or more sureties, or other security, for accounting for the money received and indemnifying anyone entitled to it. It must require one where it proceeds under Section 373(3) or (4). The amount is fixed by the court, and arranging sureties with the right documents is often the last delay before the grant.
Step 8: The certificate issues
Under Section 374 the certificate lists the debts and securities, and can authorise the holder to receive interest or dividends, to transfer the securities, or both. If more assets come to light later, Section 376 allows the holder to apply to extend the certificate rather than file afresh.
An appeal against an order granting, refusing or revoking a certificate lies to the High Court under Section 384, within the time the Code of Civil Procedure allows for appeals.
What the certificate does not do
- It does not decide title. Section 387 says the decision does not bar a suit on the same question.
- It does not make the holder the owner of the money. The holder collects it and must account to whoever is lawfully entitled, under the will or succession law.
- It does not cover a house, flat or plot. For those, see our guide to mutation after the owner’s death and, where heirs disagree, how a partition suit works.
Documents you will need
- Death certificate of the deceased
- Proof of the deceased’s residence at the time of death
- A family tree with names, ages, relationships and addresses of all heirs
- Bank statements, passbooks, fixed deposit receipts, share and debenture certificates or demat statements, with values
- Letters from the bank or company asking for a certificate, if any
- No-objection affidavits from consenting heirs
- Identity and address proof of the applicant, and documents of the sureties
How long it takes
An uncontested petition commonly takes a few months to around a year in Delhi, depending on how quickly notice is served and published, whether every heir is traced, and the court’s list. An objection that turns into a real dispute can add a year or more, and a regular suit after that can take several years. These are ranges, not promises.
When to get help
Most delays come from an incomplete family tree, mismatched figures or a dispute that surfaces at the hearing. Our succession lawyers in Delhi prepare the petition, the notice and the bond, and appear at the hearing. If the deceased left a will that someone questions, see how to challenge a will in Delhi. Call 99115 44811 or write to manujalawyers@gmail.com. This post is general information, not advice on your case, and no lawyer can promise a particular result.