What is a Succession Certificate?
A succession certificate is a court-issued document that authorizes the holder to: collect debts and securities of the deceased (bank accounts, fixed deposits, shares, mutual funds, bonds, provident fund, insurance policies), and represent the deceased in recovering debts due to the estate. It is issued under Part X of the Indian Succession Act, 1925 by the Civil Court (Civil Judge Senior Division in Kolkata). It does NOT determine title to immovable property — that requires probate or letters of administration. A succession certificate is primarily for movable assets.
When is a Succession Certificate Required?
- ◆ When the deceased died without a Will (intestate) and the legal heirs need to collect bank deposits, shares, or securities
- ◆ When the bank/financial institution demands a succession certificate before releasing funds above their threshold (typically Rs. 1-5 lakhs)
- ◆ When there are multiple legal heirs and the bank requires a court-certified document clarifying who is entitled
- ◆ For claiming insurance policies, provident fund, and gratuity where nomination is disputed or absent
- ◆ For transferring shares and mutual funds held by the deceased
Step-by-Step Process in Kolkata
Step 1: File a Petition in Civil Court
The petition is filed in the Civil Court (Civil Judge Senior Division) in whose jurisdiction the deceased ordinarily resided. The petition must include: full details of the deceased (name, date of death, address), details of all legal heirs (names, addresses, relationship to the deceased), a schedule of all debts and securities for which the certificate is sought, the petitioner's right to the certificate (how they are related/heir), and a declaration that there is no impediment to granting the certificate. Court fee: a percentage of the value of the assets (typically 2-3% in West Bengal).
Step 2: Court Issues Notice
The court issues notice to: all other legal heirs (to give them an opportunity to object), the general public (through a newspaper publication, if the court directs), and the debtor (bank, institution holding the assets). This ensures transparency — anyone with a competing claim can come forward.
Step 3: Hearing and Issuance
If no objections are filed: the court examines the petition and supporting documents. If satisfied, the succession certificate is issued — typically within 3-6 months in Kolkata. If objections are filed: the matter becomes contested. The court conducts a trial to determine who is the rightful successor. This can extend the timeline to 1-2 years.
Step 4: Collecting Assets
The certificate holder presents the succession certificate to the bank/institution. The bank verifies the certificate and releases the assets. The bank may require an indemnity bond from the certificate holder for their protection. If the certificate covers assets at multiple institutions, certified copies can be obtained from the court.
Documents Required
- ◆ Death certificate of the deceased (original + copies)
- ◆ Proof of relationship — birth certificate, marriage certificate, family ration card
- ◆ Identity and address proof of all legal heirs
- ◆ List of all debts and securities with approximate values
- ◆ Details of bank accounts, FD numbers, share certificate numbers, insurance policy numbers
- ◆ Affidavit of the petitioner stating their claim
- ◆ No Objection Certificate (NOC) from other legal heirs (if they consent)
For expert assistance obtaining a succession certificate in Kolkata, contact Advocate in Kolkata at +91 74398 11422.
Frequently Asked Questions
What is the difference between a succession certificate and a legal heir certificate?
A succession certificate is issued by the Civil Court for collecting debts/securities of the deceased. A legal heir certificate is issued by the Tehsildar/Revenue Department and is primarily for government benefits, pension, and employment purposes.
What is the court fee for a succession certificate?
A percentage of the value of the assets covered — typically 2-3% in West Bengal, subject to state-specific rules. The fee must be paid before the certificate is issued.
How long does it take to get a succession certificate in Kolkata?
3-6 months if uncontested. 1-2 years if objections are filed and the matter becomes contested.
Is a succession certificate valid for immovable property?
No. A succession certificate is only for movable property (debts and securities). For immovable property, you need probate (if there is a Will) or letters of administration (if intestate).
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