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 Dhanveer Singh

Advocate Dhanveer Singh

Anticipatory Bail,Arbitration,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Patent,Property,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Pratima Gupta

Advocate Pratima Gupta

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Insurance,Labour & Service,Motor Accident,R.T.I,Succession Certificate,Wills Trusts,Revenue

Get Advice
Advocate Mohan Lal Katariya

Advocate Mohan Lal Katariya

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, R.T.I, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue, Child Custody, Medical Negligence

Get Advice
Advocate Vaijanath Vithalrao Lande

Advocate Vaijanath Vithalrao Lande

Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Divorce, Domestic Violence, Family, High Court, Property, Succession Certificate, Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Court Marriage, Customs & Central Excise, Documentation, Insurance, International Law, Labour & Service, Landlord & Tenant, Recovery, Medical Negligence, Motor Accident, Media and Entertainment, Muslim Law, Revenue, R.T.I, Cyber Crime, Bankruptcy & Insolvency

Get Advice
Advocate Dhiraj S Pawar

Advocate Dhiraj S Pawar

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, NCLT, Property, R.T.I, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Pankaj Kashyap

Advocate Pankaj Kashyap

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

Get Advice
Advocate Vimal Kumar Rameshchandra Joshi

Advocate Vimal Kumar Rameshchandra Joshi

Succession Certificate, Property, Revenue, Landlord & Tenant, Family

Get Advice
Advocate Pankaj Shrivastava

Advocate Pankaj Shrivastava

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,Landlord & Tenant,Media and Entertainment,Motor Accident,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Pravin Salunkhe

Advocate Pravin Salunkhe

Cheque Bounce, Child Custody, Civil, Consumer Court, Divorce, Family, Medical Negligence, Motor Accident, Succession Certificate, Domestic Violence, Labour & Service, Media and Entertainment, Recovery, Court Marriage, Breach of Contract, Landlord & Tenant, Revenue, Anticipatory Bail, Criminal

Get Advice
Advocate M Anand Kumar

Advocate M Anand Kumar

Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Family, Domestic Violence, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

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.