Home
Legal Advice
Succession Certificate
Can a legal heir be denied succession certificate due to family dispute?

Can a legal heir be denied succession certificate due to family dispute?

18-Aug-2025

Succession Certificate

Answer By law4u team

A legal heir cannot be denied a succession certificate merely because there is a family dispute. Under the Indian Succession Act, 1925 (still in force for succession matters) and read with relevant civil procedure rules: The court’s role in granting a succession certificate is limited to verifying the applicant’s legal entitlement and ensuring there is no legal bar. If multiple heirs claim the certificate, the court may: – Issue it jointly to all entitled heirs, or – Issue it to one heir after taking security to protect the interests of others. A mere quarrel or strained relations among heirs is not a valid ground to refuse the certificate. However, if there is a serious dispute over title to the property or debt in question, the court may ask parties to resolve that dispute in a separate civil suit before deciding on the certificate. So, family disputes alone do not disqualify an heir, but disputes about ownership rights may delay the process.

Answer By Ayantika Mondal

Dear Client, A legal heir is indeed out of question when it comes to being denied a succession certificate in a family dispute, but not because there is any dispute at all. The court will only issue denial of the certificate in cases which raise very serious and true questions to the applicant’s right to it. The Court's Role Under the terms of the Indian Succession Act of 1925 which we see in Section 373 the District Judge conducts a summary inquiry that is not in the nature of a full scale trial but rather he is to determine at face value which claimant has the most valid claim to the deceased’s debts and securities. Grounds for Denial due to Dispute A court may also at times not issue a succession certificate to an applicant when we see that the following issues have arise:. In which case other family members may put forth a challenge to the application forward that they in fact are the proper heirs to the deceased’s assets. This also includes issues of relationship which may arise for instance a second wife or an illegitimate child which puts forth a claim to a share. Contention of a Valid Will: In the case of a family member bringing forth a serious claim that the deceased had a will, the court is to issue a denial of the succession certificate. What the court does is that it applies in such cases of death with a will (testate) which is what wills pertain to and which nullify the need for a succession certificate. Also the court will put the parties in the direction of applying for probate or letters of administration. Allegations of Fraud or Misrepresentation: If it is brought to the court’s notice by way of an affidavit that the applicant has given false information or has left out the names of other legal heirs in the application, the court will not issue the certificate. Such action is a serious offense. In terms of Section 373(3) which puts forward that the court determines the dispute to be of a very technical and factual nature the court may send the parties to a civil court for a full trial to determine their legal rights. In which case the court will not issue the succession certificate until the issue is resolved in a separate lawsuit. What which happens when a certificate is denied? If the court issues a decision against grant of the certificate for a valid reason that does not mean the applicant does not have a legal right to the inheritance. It simply means they have to prove their case in a civil court through a typical lawsuit. The succession certificate process is a simple, quick method of which to claim financial assets. When it does become a complex and disputed issue the court will not issue the certificate instead it refers the parties to a more appropriate forum for resolution. I hope this does answer your questions which if it doesn’t please do not hesitate to get in touch. Thank you!

Answer By Anik

Dear Client, No, a legal heir must not be denied a succession certificate only because of a family dispute. The succession certificate is issued only for one purpose, which is to show who are the rightful individuals entitled to collect the debts, securities, and movable assets of the deceased person, and not to determine whether the heirs have a property claim. Some important points to be noted here, are – 1. The provisions that deal with succession certificates are given under Sections 372–381 of the Indian Succession Act, 1925. 2. Family dispute is not a sound ground to refuse a succession certificate. 3. If more than one heir claims the succession certificate, a court is responsible to first hear all the parties, consider the evidence provided by them, and then issue the certificate to whomever it concludes is the best heir. If there are multiple heirs to be issued the certificate, then it is done jointly. 4. A court does not decide family disputes, it only decides on whether the estate can be given to a responsible heir. 5. If someone files an objection, a court will inquire before deciding on the objections, but a court will not refuse a succession certificate solely because the heirs are in dispute. 6. A succession certificate does not resolve the ultimate ownership after it is issued. Any other heirs can still pursue their separate civil action for their share of the estate. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.