How NRIs Can Apply for and Obtain a Succession Certificate in India
When a family member passes away without leaving a will, accessing their movable assets—such as bank funds, securities, debts, and equities—requires legal validation. The Succession Certificate, mandated by the Indian Government, is the key document that empowers rightful heirs to claim these assets.
For Non-Resident Indians (NRIs), navigating this process from abroad can be complex—but with Legal Light Consulting (LLC), it becomes clear, structured, and manageable.
To obtain a Succession Certificate in India as a Non-Resident Indian (NRI), you must file a petition with a competent civil court.
This certificate is crucial for claiming movable assets of the deceased, such as bank funds, securities, and debts, as it establishes you as the legal heir. The process requires a well-documented application and typically takes several months.
Jurisdiction for Filing the Petition
The petition must be filed in the correct court. According to the Indian Succession Act, 1925, the appropriate jurisdiction is:
- The district where the deceased person ordinarily resided at the time of their death.
- If the deceased had no fixed residence, the petition can be filed in the district where any part of the deceased’s property may be found.
This is a critical first step, and choosing the wrong court can lead to significant delays.
Details and Documents for the Petition
Your application, filed as a formal petition, should include an affidavit from you as a legal heir. The petition should contain the following essential information:
Deceased Person’s Information
 Details about the deceased, including their name, date of death, and last known residence. You must attach a photocopy of their death certificate.
Petitioner’s Details
Your full name, current residence, and your relationship to the deceased.
Proof of Legal Heirship
A clear statement of your right to claim the assets, confirming you are a Class-I legal heir or a direct successor.
No-Objection Certificate (NOC)
An NOC from all other legal heirs, if any, is a crucial document to ensure a smooth and undisputed process.
Asset Details
A comprehensive list of the movable assets, debts, and securities for which the certificate is being sought.
Personal Identification
A valid government-issued ID card of the applicant and All documents submitted must be duly attested.
The Application Process and Fees
After you file the petition, the court will take the following steps:
- Fee Payment: You must pay a court fee, which is typically a percentage (around 3%) of the total value of the property for which you are seeking the certificate. This fee can vary by state.
- Public Notice: The court will issue a public notice in a local newspaper, giving a period of about 45 days for any person to file an objection. This is a standard legal procedure to prevent fraudulent claims.
- Grant of Certificate: If no objections are raised, or once any objections are resolved, the court will issue the Succession Certificate. The process can take anywhere from three to seven months.
Legal Basis: Section 372 of the Indian Succession Act, 1925
The application for a succession certificate must be filed under Section 372 of the Indian Succession Act, 1925. Only Class I legal heirs or direct successors are eligible to file this petition. Other relatives are not permitted to apply.
Where to File: Jurisdiction Matters
The petition must be filed in the District Court or High Court with competent jurisdiction:
- If the deceased had a fixed residence, the court in that district holds jurisdiction.
- If no fixed residence is known, jurisdiction shifts to the location of the deceased’s assets.
 What to Include in the Petition
The application must be in the prescribed format and include the following details:
- Full name and address of the petitioner
- Relationship with the deceased
- Time and place of death (with death certificate)
- List of Class I legal heirs and other close relatives
- Description of debts, securities, and movable assets
- Statement confirming no legal obstacle to the grant of certificate
- Residential details of all family members involved
Required Documents
To support the petition, the applicant must furnish the following attested documents:
- Death certificate of the deceased
- Government-issued ID of the applicant
- Affidavit on ₹20 legal stamp paper
- Details of debts and securities
- No Objection Certificate (NOC) from other legal heirs, if applicable
- Addresses and identity details of all legal heirs and close relatives
- Proof of applicant’s claim to the assets
💡 Note: The court charges 3% of the total asset value as a fee for issuing the certificate.
 Timeline and Procedure
Once the petition is filed:
- The court issues a public notice for 45 days inviting objections.
- If no objections are received, the court proceeds to verify the documents and relationships.
- The certificate is typically granted within 3 to 4 months, though it may extend to 5 to 7 months depending on complexity.
The Role of a Lawyer for NRIs
Navigating this legal process from abroad can be complex and time-consuming. A dedicated legal team in India can assist NRIs by:
- Handling the entire process on your behalf, from drafting the petition to filing it and managing court proceedings.
- Representing you in court, as your physical presence may not always be feasible.
- Providing timely updates and information on the case’s progress, leveraging technology to keep you informed.
Engaging a law firm with expertise in Indian succession laws can streamline the process and ensure your legal rights are protected
