Applies when a family member has died and their bank accounts, shares, pension dues, or immovable property -- with or without a will -- now need to be legally transferred to the surviving heirs.
1. Get the death certificate and identify all legal heirs.
Obtain the official death certificate from the municipal/local registrar, then list every person who qualifies as a legal heir under the Hindu Succession Act, 1956 (Hindus/Sikhs/Buddhists/Jains) or the Indian Succession Act, 1925 (other communities), since a certificate petition must name them all.
2. Check whether a valid will exists.
If a will exists, the estate generally passes as per its terms; if there is no will, the estate passes by 'intestate succession' strictly according to the statutory heir classes and shares fixed by law.
3. Decide which certificate you actually need.
For movable assets -- bank deposits, shares, insurance payouts -- you need a Succession Certificate from a civil court; for administrative purposes like pension or utility-transfer, a Legal Heir Certificate from the local Tahsildar is usually enough, but it is NOT proof of property title.
4. File the succession certificate petition in the District Court.
Submit a petition to the District Judge of the area where the deceased ordinarily resided, stating the time and place of death, the family/heirs, and the debts/securities for which the certificate is sought (s.372, Indian Succession Act, 1925).
5. Pay the court fee and await the public notice period.
Pay a court fee (a percentage of the estate value, varying by state) via judicial stamp; the court then publishes a public notice (commonly around 45 days) inviting objections from anyone who disputes the applicant's claim.
6. Respond to any objections raised.
If a rival claimant objects within the notice period, the District Judge holds a summary inquiry; a genuinely contested dispute may instead need a separate civil suit for declaration of shares.
7. Collect the certificate and use it with banks/companies.
Present the certificate to banks and companies to claim deposits -- under s.381, ISA, anyone who pays the certificate holder in good faith is fully protected even if the certificate is later found defective.
8. Apply separately for mutation of immovable property.
For land or buildings, apply to the local revenue/municipal authority for mutation of records in the heirs' names, submitting the death certificate plus a legal heir/succession certificate or registered will -- mutation is a revenue record, not conclusive proof of ownership.
9. If heirs disagree, resolve shares through partition.
A succession certificate or mutation entry does not itself divide the property -- co-heirs who disagree need either a registered partition deed by mutual consent or a partition suit in civil court.
Handled by: District Judge's Court (Succession Certificate); Tahsildar/Revenue Officer (Legal Heir Certificate, per state rules)
Who can use this: Any person claiming to be a legal heir (by blood, marriage, or under a will) of a deceased Indian, seeking to claim the deceased's bank accounts, securities, pension/PF/gratuity dues, or immovable property, whether or not a will exists.
This does not cover: Does not decide a genuinely disputed claim of ownership or title -- that needs a separate civil declaration or partition suit. Does not itself divide property among multiple heirs -- that needs a registered partition deed or a partition suit. Is not conclusive proof of ownership of immovable property by itself -- mutation is a revenue record, not a title document. Does not apply where a will is being actively contested -- that needs a caveat/contentious probate proceeding.
Time limit: No deadline to apply for the certificate itself, though delay beyond roughly 3 years can draw court suspicion; a request to revoke an issued certificate must be made within 3 years. (No period fixed under the ISA for filing; Limitation Act 1963 Art.137 governs revocation under s.383, ISA)
Cost: Court fee approx. 2-4% of estate value (varies by state) via judicial stamp, plus publication and advocate charges.
You'll need:- Exact date, place, and cause of death
- Complete list of all legal heirs with their relationship and current addresses
- Details of the deceased's movable assets -- bank accounts, FDs, shares, insurance policies
- Whether a will exists, and who holds the original
- Approximate total value of the estate (for the court fee)
Documents that help:- Original death certificate
- Proof of relationship to the deceased (birth/marriage certificate, family register)
- Applicant's identity and address proof
- Legal Heir Certificate, if already obtained
- No Objection Certificates from the other legal heirs
- Original will, if any
- Proof of the deceased's assets -- passbooks, share certificates, property documents
What happens after: The certificate lets the holder collect debts/securities from banks and companies, which get full legal protection under s.381 for paying the holder in good faith. For land/buildings, the heir must separately apply for mutation. If heirs later disagree on dividing assets, a partition deed or partition suit is needed -- the certificate itself does not divide the estate.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
Succession Certificate
District Judge's Court
Sections 372 and 381 of the Indian Succession Act, 1925 let a legal heir petition the District Court for a certificate establishing their right to collect the deceased's debts and securities -- banks and companies that pay the certificate holder in good faith are fully protected under s.381 even if the certificate is later found defective.
Letters of Administration
District Judge's Court
Sections 218-219 and 214 of the Indian Succession Act, 1925 let an heir apply for Letters of Administration where the deceased left no will (or an incomplete one with no executor), granting the administrator authority to collect and distribute the whole estate -- a broader authorisation than a Succession Certificate, which is limited to debts and securities.
Probate of a will (now optional, not mandatory)
District Judge's Court
A person named as executor in a will can apply for probate -- formal court confirmation of the will's validity -- for stronger evidentiary certainty. The Repealing and Amending Act, 2025 (in force from 20 December 2025) removed the Indian Succession Act's earlier s.213 requirement that made probate mandatory for certain communities/regions before a will could be acted on; it remains available voluntarily and some banks/registrars may still expect it in practice.
Partition suit
Civil Court -- Civil Judge/District Court having jurisdiction over the property
Where co-heirs cannot agree on dividing an inherited estate by a registered partition deed, any one of them can file a civil suit for partition asking the court to divide the property and allot each heir's share -- a succession certificate or mutation entry does not itself divide an estate among disagreeing heirs.
Do I need a will to inherit property from a family member?
No. If a person dies without a will (intestate), the law itself decides who inherits and in what share -- under the Hindu Succession Act, 1956 or the Indian Succession Act, 1925 for other communities. A will is not required to inherit, but you will still typically need a Succession Certificate or Legal Heir Certificate to actually access bank accounts or transfer records.
What if there are multiple legal heirs and we disagree?
A revenue officer or bank cannot resolve a genuine ownership dispute. If heirs disagree on entitlement, the District Judge can hold a summary inquiry during the certificate proceeding, but a full dispute over shares generally needs a separate civil declaration or partition suit. Multiple heirs can also apply jointly, and courts typically issue one joint certificate to all co-heirs.
Can I sell inherited property immediately, or do I need to complete succession first?
Under Hindu succession law, ownership generally vests in the heirs immediately upon death -- you don't need a court order to legally own it. In practice, a buyer's due diligence and the property registrar will require documentary proof of your title (mutation based on a legal heir certificate, succession certificate, or registered will), so you effectively need these formalities before a sale can be registered.
What documents actually prove I am a legal heir?
A Legal Heir Certificate from the Tahsildar establishes the relationship for administrative purposes but is only prima facie evidence. For movable assets, banks rely specifically on a Succession Certificate, which under s.381 carries much stronger evidentiary weight plus indemnity for whoever pays the holder in good faith.
Is there a time limit to apply for a succession certificate?
No statutory limitation applies to the initial application, though courts have observed that unexplained delay beyond about 3 years can raise suspicion. Once a certificate is granted, an application to revoke it must be filed within 3 years under Article 137 of the Limitation Act.
Do I need probate for a will now?
As of the Repealing and Amending Act, 2025 (in force from December 2025), probate is no longer mandatory anywhere in India -- the earlier requirement for Hindus/Sikhs/Jains/Parsis in the former Presidency towns has been repealed. You may still choose to obtain probate voluntarily for extra legal certainty, and some banks may still ask for it as a matter of practice.
Do daughters get an equal share to sons in ancestral (coparcenary) Hindu property?
Yes. The Supreme Court in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 held that a daughter has an equal coparcenary right by birth in Hindu Undivided Family property under the amended Section 6 of the Hindu Succession Act, 1956 -- and that this applies whether or not her father was alive on 9 September 2005, the date the amendment took effect, resolving years of conflicting rulings on the point.
Governing law: Indian Succession Act 1925 ss.372-390; s.213 repealed 2025; Hindu Succession Act 1956 ss.8-10
Source: Indian Succession Act, 1925, ss.213 (omitted 2025), 218-219, 372, 381; Hindu Succession Act, 1956, ss.8-10; Repealing and Amending Act, 2025 (assented 20 December 2025).
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.