A Succession Certificate is a legal document issued by an Indian court that authorizes a person to inherit and manage the assets, debts, and securities of a deceased individual. For Non-Resident Indians (NRIs), obtaining a succession certificate is crucial when claiming bank deposits, shares, or other movable assets left in India by a deceased family member.
1. What is a Succession Certificate?
A Succession Certificate:
✅ Grants the legal right to inherit & manage the deceased’s assets
✅ Helps in claiming bank balances, fixed deposits, mutual funds, shares, and debts
✅ Ensures there are no disputes among legal heirs
✅ Does not determine ownership but allows heirs to deal with the assets
🔹 If a Will exists, a Probate or Letter of Administration may be required instead.
2. When Does an NRI Need a Succession Certificate?
An NRI must obtain a succession certificate when:
✔ The deceased died without a Will (intestate)
✔ The NRI wants to claim financial assets in India (bank accounts, shares, etc.)
✔ A financial institution requires legal proof before transferring assets
✔ There is a dispute among legal heirs regarding asset distribution
🔹 Real estate cannot be claimed with a succession certificate – a legal heir certificate or a court ruling may be required instead.
3. How to Apply for a Succession Certificate? (Step-by-Step Guide for NRIs)
Step 1: Identify the Appropriate Court
- File the petition in the district court where the deceased last resided or where the assets are located.
- An NRI may need to appoint a legal representative or lawyer in India to file on their behalf.
Step 2: Prepare & Submit the Application
- The application should include:
📌 Details of the deceased (name, date of death, last residence)
📌 Details of the applicant (NRI heir)
📌 Relationship with the deceased
📌 List of assets & debts to be inherited
📌 Names of all legal heirs & their consent (if available)
Step 3: Pay Court Fees
- Fees vary by state and depend on the asset value (usually 1-3% of asset value).
Step 4: Court Notice & Objections
- The court publishes a notice in newspapers for any objections from others.
- If no objections are raised within 30-45 days, the process moves forward.
Step 5: Issuance of Succession Certificate
- After verification, the court grants the certificate to the legal heir(s).
- The certificate holder can then claim & manage the assets.
🔹 NRIs can authorize a lawyer in India to handle the process via a Power of Attorney (PoA).
4. Documents Required for a Succession Certificate
📌 Death Certificate of the deceased (Mandatory)
📌 Applicant’s Passport & ID Proof (NRI proof required)
📌 Proof of Relationship with the deceased (birth certificate, ration card, etc.)
📌 List of Assets & Debts
📌 No Objection Certificates (NOCs) from other legal heirs (if applicable)
5. Succession Certificate vs. Legal Heir Certificate vs. Probate
| Feature | Succession Certificate | Legal Heir Certificate | Probate of a Will |
|---|---|---|---|
| Purpose | Claiming movable assets (bank accounts, shares, debts) | Identifying legal heirs for pension, property, etc. | Legal confirmation of a Will |
| When Needed? | If no Will exists & heirs need to claim assets | To confirm heirship for government benefits & property | When there is a Will that needs validation |
| Issued By | District Court | Revenue Department | High Court |
| Time to Obtain | 6 months to 1 year | 15-30 days | 6 months to 1 year |
🔹 NRIs dealing with real estate in India should obtain a Legal Heir Certificate instead of a Succession Certificate.
6. Key Challenges for NRIs & How to Overcome Them
🚧 Lengthy Legal Process → Appoint a lawyer with a PoA to handle proceedings.
🚧 Multiple Legal Heirs → Obtain NOCs to avoid disputes.
🚧 Asset Valuation Issues → Get a professional valuation before filing.
🚧 Residency Issues → Use digital notarization & embassy-certified documents if abroad.
7. FAQs for NRIs on Succession Certificate
1. Can an NRI apply for a succession certificate from abroad?
✅ Yes, but the process must be handled in an Indian court.
✅ NRIs can authorize a lawyer in India via a PoA to file on their behalf.
2. How long does it take to get a succession certificate in India?
⏳ It takes 6 months to 1 year, depending on objections & court workload.
3. Is a succession certificate required if a Will exists?
❌ No, if a Will is available, a Probate or Letter of Administration is required instead.
4. Can a succession certificate be challenged?
✅ Yes, if another heir disputes the claim in court, leading to delays.
5. Can a single heir apply for a succession certificate?
✅ Yes, but they may need NOCs from other heirs or face objections in court.
8. Final Thoughts
A succession certificate is essential for NRIs claiming movable assets in India when a loved one passes away without a Will. The process is court-driven and can take months to complete, so it’s crucial to appoint a lawyer, prepare documents, and ensure tax compliance.
🔹 Need help navigating inheritance laws, legal documentation, or taxation as an NRI? Let’s discuss! 🚀
