If the legal heir needs a succession certificate and the death occurred abroad, the process in India is still governed by Part X of the Indian Succession Act, 1925 (read with the jurisdiction rules under the Bharatiya Nyaya Sanhita where applicable). Steps • Obtain the foreign death certificate – Get the death certificate issued by the foreign country’s competent authority. – Have it apostilled under the Hague Convention or attested by the Indian Embassy/Consulate in that country. – Get it translated into English (if not already) and notarised. • File petition in Indian court – File in the District Court or High Court (depending on jurisdiction) where: \ the deceased ordinarily resided in India, or \ where the deceased had property/money in India. • Documents required – Attested foreign death certificate – Identity and address proof of petitioner – Proof of relationship with the deceased (legal heir documents) – List and details of debts/securities for which the certificate is sought – NOC from other legal heirs or their consent affidavits (if applicable) • Court process – Court will publish notice inviting objections (usually 45 days). – If no valid objections, the court grants the succession certificate. – The certificate will be valid for claiming movable assets like bank deposits, shares, etc. Key point Even if the death took place abroad, Indian courts can issue the succession certificate for assets located in India, provided proper proof of death and legal heirship is submitted.

Dear Client, Obtaining a Succession Certificate at the time of a death which took place abroad is a specific legal process in India. This certificate is a requirement for an individual to claim his right over the movable assets (debts and securities which include bank accounts, shares and mutual funds) of a deceased person who died without a will. Here is a guide that goes over what you need to do for a Succession Certificate in this situation: Court’s jurisdiction of. The first thing which you must do is determine the proper court in which to file the petition. For a Succession Certificate application the petition is to be filed in the Civil Court of the relevant jurisdiction. This is usually:. The court which at the time of death had jurisdiction over the deceased’s usual residence in India. If at the time of death the deceased did not have a fixed place of residence in India, the court has jurisdiction over some of their property. Needed Documents. You will have to collect and put in order of a few documents. A key one is the death certificate from a foreign country. We see to it that this document is properly authenticated. Also you will want to present:. Death Certificate: The report of death issued by the local authorities in the foreign country in which the death took place. Legal Attestation: The death certificate and any other foreign documents will have to be attested by the Indian Embassy or High Commission in that country or apostilled to be made valid in India. Identity and Address Proof: Your identity and address proof (e.g. aadhar card, passport, PAN card). Proof of Relationship: Documents that prove your relationship to the deceased (e.g. birth certificate, marriage certificate). List of Assets: A comprehensive inventory of the deceased’s assets in India which includes bank accounts, mutual funds, shares also any out standing debts. Power of Attorney (PoA): As an NRI if you are not able to be present in India for all court proceedings you can give a Power of Attorney to a trusted person in India to act on your behalf. That PoA also should be attested by the Indian Embassy or Consulate. Affidavits: Sworn statements which support the information in your application. No Objection Certificate (NOC): In certain cases other legal heirs may issue a No Objection Certificate. The legal process. The Indian Succession Act of 1925 is the law which governs the process which in turn includes a series of steps:. Drafting the Petition: In what we term a petition which is put forth to the proper District Judge, an application is put forward. This petition is to include details at the time and place of the deceased’s death, their last known address in India, information of all legal heirs, and the debts and securities for which the issue is brought to the fore. Filing and Court Fees: The petition along with all required documentation and an affidavit is filed in court. Also you will need to pay a court fee which is a percentage of the total value of the assets which you are claiming. The fee may vary by state. Preliminary Hearing: The court will conduct a preliminary hearing of the petition. Should they approve it, they will proceed to admit the petition and set a date for the final hearing. Public Notice: The court will publish a notice in either a local or national newspaper to bring to the attention of the public. The public comment period at this stage is for about 45 days. Hearing and Final Order: If no issues are brought up the court will issue the certificate. Should issues arise the court will have a hearing to resolve the dispute. Issuance of Certificate: Once the court is of the opinion that the petitioner’s claim is valid and has looked into any objections, it will issue the Succession Certificate. Also the court may ask the applicant to put up a bond with one or more sureties as a protection against any possible misuse. Important Considerations: Legal Heir Certificate vs. Succession Certificate: A Succession Certificate is issued for movable assets (debts and securities). As for transfer of immovable property that may include a Legal Heir Certificate or other papers like a probate or a registered will which as you know may vary by state. Legal Assistance: In regards to the issues of the legal system which is very complex in case of a death that took place abroad we highly recommend you to seek out professional legal help from a lawyer which specializes in succession and inheritance laws for NRIs in India. They will guide you through the process, see to it that all documents are in order and which also will represent you in court. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!