Succession Certificate in India: A Step-by-Step Guide for NRI Families

What Is a Succession Certificate?

A succession certificate is a court order issued under Sections 370–390 of the Indian Succession Act, 1925 that authorises a specified person to collect debts and securities belonging to a deceased person. In practical terms, it is the document that banks, investment platforms, insurance companies, and similar institutions require before transferring movable assets — including bank account balances, fixed deposits, shares, bonds, and mutual fund units — to the legal heirs of a deceased person.

A succession certificate is distinct from probate. Probate establishes the validity of a will and applies to the entire estate. A succession certificate relates specifically to movable assets and debts, and is used both where there is a will and where there is no will (intestate succession).

When Is a Succession Certificate Required?

• Bank accounts without an active, registered nomination
• Fixed deposits where the nomination was not registered or the nominee has pre-deceased
• Shares and securities held in physical form (not demat)
• Demat accounts where the depository requires a court order rather than accepting nomination
• Provident Fund, PPF, and pension claims in certain circumstances
• Outstanding loans or debts owed to the deceased that heirs wish to recover

Step-by-Step: Obtaining a Succession Certificate in India

• Step 1: File a petition in the District Court of the district where the deceased ordinarily resided. The petition identifies the petitioner, the deceased, the nature and approximate value of the assets, and the entitlement of the petitioner to inherit.
• Step 2: The court issues notice to all identified legal heirs and publishes a notice in a local newspaper inviting objections.
• Step 3: The notice period expires (typically 30–45 days from publication).
• Step 4: If no objections are filed, the court may pass the succession certificate order.
• Step 5: Court fees (ad valorem — calculated as a percentage of asset value) are paid and the certificate is formally issued.
• Step 6: The succession certificate is presented to the relevant institution (bank, depository, etc.) which then transfers the assets.

For NRI Heirs

NRI heirs can petition for a succession certificate without being physically present in India, provided they have a properly executed, apostilled, and registered power of attorney in favour of a representative in India. The representative files the petition and manages the process on their behalf.

How Varasa Can Help

Varasa coordinates succession certificate applications on behalf of NRI families — from document assembly and POA coordination to institution-by-institution follow-up after the certificate is issued.