Succession Certificate — How to Apply in Kolkata Step by Step

What is a Succession Certificate and When Do You Need One?

A succession certificate is a court order issued under Part X of the Indian Succession Act, 1925, authorizing the person named in it to collect the debts, securities, and other assets of a deceased person. It certifies that the applicant is the rightful legal heir entitled to inherit the deceased's financial assets. The certificate is conclusive proof of the holder's right to receive the assets mentioned in it. Without a succession certificate, banks and financial institutions are not obligated to release the deceased's assets, even if the claimant is obviously the legal heir.

You need a succession certificate when: (1) A bank refuses to release the deceased's account funds without a court order. (2) You need to transfer shares or mutual funds from the deceased's demat account. (3) An insurance company requires proof of succession before releasing the policy proceeds. (4) The deceased held fixed deposits, bonds, or debentures. (5) The deceased was owed a debt by a third party. (6) The employer or provident fund authority requires succession proof. The certificate covers 'debts and securities' — it does not cover immovable property (land, buildings). For immovable property, a probate or letters of administration may be required.

In Kolkata, succession certificates are issued by the Civil Judge (Senior Division) or the District Judge depending on the value of the assets. The court with jurisdiction is the one within whose territory the deceased ordinarily resided at the time of death. If the deceased lived in Central Kolkata, the application is filed at the civil court at Bankshall Court complex. For other areas, the appropriate District Court or subordinate civil court has jurisdiction.

Step-by-Step Procedure in Kolkata Civil Court

Step 1: Prepare the petition. The application must include: the date and place of the deceased's death, the applicant's relationship with the deceased, the ground of the applicant's right to the certificate, a list of all other legal heirs (with addresses), a schedule of all debts and securities for which the certificate is sought, and the total value. The petition should be accompanied by an affidavit. Step 2: Pay the court fee. The court fee is a percentage of the asset value (3% in West Bengal). The fee stamps must be affixed to the petition.

Step 3: File the petition at the civil court having jurisdiction. The court examines the petition. If in order, the court issues notice to: (a) all other legal heirs — giving them an opportunity to object, (b) the general public — by publication in a newspaper (typically a local Kolkata newspaper like The Telegraph or Ananda Bazar Patrika). This public notice allows anyone who may have a claim on the deceased's assets to come forward. Step 4: After the notice period (typically 30-45 days), if no objections are received, the court proceeds to hear the matter. The applicant gives evidence confirming the facts in the petition.

Step 5: If the court is satisfied that the applicant is entitled, it passes an order granting the succession certificate. Step 6: The certificate is prepared and issued to the applicant. It specifies the debts and securities that the holder is entitled to collect. Step 7: The applicant presents the succession certificate to the respective banks and institutions, which then release the assets. The certificate holder may be required to furnish an administration bond (with or without surety) — a guarantee that they will properly administer the assets and pay any valid claims.