Law4u - Made in India

Where should a succession certificate be filed?

Answer By law4u team

A succession certificate should be filed in the Civil Court having jurisdiction over the place where the deceased last resided or where the deceased’s movable property is situated. Key Points: Under Section 372 of the Indian Succession Act, 1925, the application for a succession certificate is made to the District Judge’s Court or Civil Court of competent jurisdiction. Generally, the proper court is: The District Court in the district where the deceased had their last residence, or The court where the movable assets (like bank accounts, securities) of the deceased are located. If the deceased had property in multiple districts, separate applications may be filed in each court. Procedure: The applicant files a petition for succession certificate with the court. The court issues notice to interested parties and publishes notice in the newspaper to invite objections. After hearing, if satisfied, the court grants the succession certificate to the rightful applicant. Summary: Succession certificate applications must be filed in the District Civil Court where the deceased last lived or where the movable property is situated.

Answer By Anik

Dear Client, A succession certificate has to be submitted to the District Court within whose jurisdiction the place of ordinary residence of the deceased person at the time of his death existed. This is as per Section 371 of the Indian Succession Act, 1925. Where the deceased had no fixed residence, then the application can be presented before the court within whose local jurisdiction part of the property of the deceased may exist. The District Court mentioned here is most often the court of the District Judge. The applicant, being often a legal heir or party asserting a right to the debts or securities of the deceased, has to present a petition giving complete details like the name of the deceased, their date and locality of death, relationship of the applicant with the deceased, and a schedule of the debts and securities for which the certificate is applied for. The object of a succession certificate is to authorize the holder to recover debts and securities owing by the deceased and to save the payment or dealing with the certificate holder. If the court is satisfied with the petition and if no objection is raised, it can issue the certificate after serving notice and hearing. Therefore, the application should be made to the relevant District Court where the deceased was last habitually resident or where their property lay. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Succession Certificate Verified Advocates

Get expert legal advice instantly.

Advocate Vinod Shivhare

Advocate Vinod Shivhare

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Recovery, Succession Certificate, Supreme Court

Get Advice
Advocate Ramanjini K

Advocate Ramanjini K

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Bhanu Prakash Sharma

Advocate Bhanu Prakash Sharma

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Succession Certificate

Get Advice
Advocate Gundelli Rajasekar

Advocate Gundelli Rajasekar

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate, Revenue

Get Advice
Advocate Anshit Balaiya

Advocate Anshit Balaiya

Arbitration, Banking & Finance, Breach of Contract, Court Marriage, Consumer Court, Civil, Cheque Bounce, Divorce, GST, Domestic Violence, Family, High Court, Criminal, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Surojit Roy

Advocate Surojit Roy

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Startup, Succession Certificate, Tax, Wills Trusts, Revenue, Documentation, RERA, Court Marriage

Get Advice
Advocate Shivam Chaturvedi

Advocate Shivam Chaturvedi

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Succession Certificate

Get Advice
Advocate Man Mohan Sharma

Advocate Man Mohan Sharma

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, Recovery, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Amit Kumar Upadhyay

Advocate Amit Kumar Upadhyay

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Divorce, GST, Family, High Court, Labour & Service, Domestic Violence, Medical Negligence, Motor Accident, Muslim Law, Landlord & Tenant, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Shadab Hussain Ashrafi

Advocate Shadab Hussain Ashrafi

Property, Revenue, Succession Certificate, Wills Trusts, R.T.I

Get Advice

Succession Certificate Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.