How to Obtain a Succession Certificate in Pune – Procedure, Documents, Court Fees & Legal Requirements - Advocate Ketan Palshikar

A Complete Legal Guide to Obtaining a Succession Certificate from the Civil Court in Maharashtra – By Advocate Ketan Palshikar | Property Lawyer in Pune

Your father or husband has passed away. The bank will not release his balance, the fixed deposit cannot be encashed, and the shares are frozen. The bank manager says, “Bring a succession certificate from the court.” Most families have never heard of this document and do not know where to start.

This guide explains what a succession certificate is, when you need one, and how to get it from the civil court in Pune. It covers documents, court fee, timeline and the mistakes that delay the process.

What Is a Succession Certificate?

A succession certificate is a court order that authorises a person to collect the debts and securities of a deceased person. It is issued under Part X (Sections 370 to 390) of the Indian Succession Act, 1925.

“Debts and securities” means money owed to the deceased and financial assets held in his name. The usual examples are:

Bank savings, current and fixed deposit accounts
Shares and debentures
Mutual fund units
Insurance proceeds where no valid nominee exists
Provident fund and other dues where the institution insists on court authority
Rent or money owed to the deceased by others

Section 214 of the Act supports this requirement. A court will not pass a decree in favour of a person claiming to be entitled to the deceased’s debts unless that person holds a succession certificate (or probate or letters of administration). Banks and institutions apply the same rule in practice.

When Is a Succession Certificate Required

You usually need one when:

The deceased had no Will, and
Bank accounts, deposits, shares or similar assets are in his sole name, and
There is no nomination, or the institution will not pay on the nomination alone, or the amount is large.

You may not need one when:

A nominee exists and the institution pays on the nomination. The nominee receives the money, but the other legal heirs’ rights over it are not extinguished.
The account is joint and the survivor continues to operate it.
The amount is small. Some banks release small balances on a legal heir certificate and an indemnity bond. Each bank has its own limit, so ask in writing.
The deceased left a Will. The Will’s beneficiary may need probate or may apply for a succession certificate, depending on the institution and the facts. For a Hindu testator in Pune, probate is not compulsory.

What a Succession Certificate Does Not Do

It does not transfer a flat or land. Ownership of immovable property passes through the Will or succession law. It is then recorded through a Release Deed or Family Settlement, followed by mutation in the Property Card and property tax records. See our guide on how to transfer property after father’s death in Pune.
It does not make the holder the sole owner of the money. The holder is a representative who collects the assets. The assets still belong to all legal heirs in their legal shares, so the money must be distributed accordingly.
It is not the same as a Legal Heir Certificate.

	Legal Heir Certificate	Succession Certificate
Issued by	Revenue authority (Tehsildar)	Civil Court
Used for	Mutation, society transfer, administrative records	Bank accounts, FDs, shares, financial assets
Nature	Lists the legal heirs	Authorises collection of specified debts and securities
Time	Roughly 30 to 60 days	Usually several months

Who Can Apply?

Any person who claims a right in the deceased’s estate can apply. In practice that is a spouse, son, daughter, mother or other legal heir, or a Will beneficiary.

The petition must disclose all the deceased’s family members and near relatives, including those who are not applying. An heir who is left out is a ground for objection and delay later.

Which Court Handles the Application?

Under Section 371, the application goes to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death. If he had no fixed residence, it goes to the court where any part of his property is located.

In Pune, such petitions are filed in the civil court having territorial jurisdiction over the deceased’s residence. For a Pune city resident this is the court at Shivajinagar. Residents of Pimpri-Chinchwad and other areas may fall under a different court. We confirm the correct court before filing, because a petition filed in the wrong court costs months.

Documents Required

Death certificate of the deceased (certified copy)
Proof of the petitioner’s relationship, such as a Legal Heir Certificate, Will or family documents
Names, ages, relationships and addresses of all legal heirs
Identity and address proof of the petitioner (Aadhaar, PAN)
Proof that the deceased lived within the court’s jurisdiction, such as a ration card, property tax bill or utility bill
A schedule of the debts and securities claimed, with bank names, account or FD numbers, folio numbers and amounts
Passbooks, FD receipts, share and demat statements
Affidavit of the petitioner, and consent or no-objection affidavits from other heirs where available
Vakalatnama for the advocate

Heirs abroad: an NRI heir’s consent affidavit or Power of Attorney must be notarised and apostilled in the country of residence. See our Power of Attorney guide.

Step-by-Step Process

Step 1: Prepare the list of assets

Make a complete list of every bank account, deposit and investment. The petition and the court fee depend on it. A certificate can later be extended to assets found afterwards (Section 376), but it is better to include everything known at the start.

Step 2: Draft the petition

Under Section 372, the petition must state:

The time of the deceased’s death
The family and near relatives of the deceased and their residences
The right by which the petitioner claims
That there is no legal impediment to granting the certificate
The debts and securities for which the certificate is sought

It must be signed and verified like a plaint, and any statement of fact in it must be true.

Step 3: Pay court fee and file

The court fee is paid on the value of the debts and securities claimed (see below). The petition is scrutinised by the court registry and registered.

Step 4: Notice and publication

Under Section 373, the court fixes a hearing date. It issues notice to the persons it considers should be notified, usually the other heirs, and publishes the notice so that anyone with an objection can come forward.

Step 5: Hearing and evidence

If nobody objects, the matter is decided on the petitioner’s evidence, usually affidavit-based with brief examination. If someone objects, the court can treat the matter much like a civil suit, which adds considerable time.

Step 6: Order and security

If the court is satisfied, it directs that the certificate be issued. It may require the petitioner to furnish security, usually a bond with a surety, to protect against claims that may arise later.

Step 7: Issue of the certificate

Order several certified copies. Each bank or institution will usually want its own.

Court Fee and Other Costs

The court fee is ad valorem, meaning it depends on the value of the debts and securities, and it is subject to a ceiling in Maharashtra. Fee rules are revised from time to time, so we confirm the current figure at the time of filing.

The ceiling generally applied in Maharashtra has been ₹75,000.
For widows, a State notification dated 9 August 2024 reduces the maximum fee to ₹10,000. In April 2025 the Bombay High Court recorded the State’s position that this concession applies to widows’ applications for succession certificates as well.

Other costs are the advocate’s fees, newspaper publication, affidavits and stamp paper, certified copies, and the premium for any security bond the court requires.

How Long Does It Take?

An uncontested application in Pune typically takes three to six months from filing to the grant. This is a general indication, not a guarantee. The time depends on the court’s calendar, how quickly notices are served, and whether any heir objects. A contested matter takes considerably longer.

After You Receive the Certificate

Present the certified copy to each bank or institution, along with identity proof and a request for payment.
The certificate covers only the debts and securities listed in it. If you find another account later, apply to extend the certificate under Section 376.
Distribute the money to all legal heirs in their legal shares. Under the Hindu Succession Act, the widow, sons and daughters are Class I heirs and take equal shares. Daughters have equal rights as sons, as confirmed in Vineeta Sharma v. Rakesh Sharma (2020).
Keep a record of every amount collected and paid out.

Common Mistakes That Delay the Certificate

Leaving out an heir from the petition. This invites objections and sometimes revocation.
Incomplete asset list, which forces an extension application later.
Wrong court, which means starting again.
Ordering too few certified copies, so each new bank means a fresh application to the court.
Assuming the certificate makes you the owner of the money. You collect it for all heirs, and the other heirs can claim their shares.
Using the certificate for a flat. It cannot be used for immovable property.
Ignoring a nomination, or relying on it alone. A nominee receives the money, but the heirs’ rights remain.
Delaying a family settlement. If heirs disagree about the money, settle it in writing before applying, because disputes mean objections and years of delay.

Our Services

At Advocate Ketan Palshikar Pune, we guide families through the documentation and procedure for succession certificates:

Assessing whether a succession certificate is actually needed for your assets
Drafting the petition, affidavits and the schedule of assets
Preparing consent affidavits and, for NRI heirs, the Power of Attorney documents
Coordinating filing, notices and publication
Guiding you on presenting the certificate to banks and institutions
Following up with a Release Deed or Family Settlement and mutation for the immovable property

📍 14, Eiffel Square, 1530, Sadashiv Peth, Off. Tilak Road, Pune – 411030
📞 +91 9325624069
✉️ palshikar.ketan@gmail.com

Frequently Asked Questions

What is a succession certificate and why is it needed?

It is a civil court order under Part X of the Indian Succession Act, 1925 that authorises the holder to collect the deceased’s bank balances, deposits, shares and similar debts and securities. Banks and institutions ask for it when there is no nomination, when the amount is large, or when heirs may dispute the claim.

Is a succession certificate the same as a legal heir certificate?

No. A legal heir certificate is issued by the revenue authority and lists the heirs. A succession certificate is a court order that authorises collecting financial assets. They serve different purposes, and some families need both.

Which court issues a succession certificate in Pune?

The civil court having territorial jurisdiction under Section 371, usually the court covering the area where the deceased lived at the time of death. We confirm the exact court before filing.

Can a succession certificate be used to transfer a flat?

No. It covers only debts and securities. A flat is transferred through the Will or succession law, a Release Deed or Family Settlement, and then mutation and society records.

How long does it take to get a succession certificate in Pune?

Typically three to six months if no one objects. A contested application takes longer.

What is the court fee for a succession certificate in Maharashtra?

It is an ad valorem fee on the value of the debts and securities, subject to a ceiling. The ceiling generally applied has been ₹75,000. For widows, a 2024 State notification reduces the maximum to ₹10,000. We confirm the current figure at filing.

Do all legal heirs have to sign or consent?

Not necessarily, but all must be named in the petition and given notice. Consent affidavits from the other heirs make the process faster and reduce the risk of objection.

My father had a nominee in his bank account. Do I still need a succession certificate?

Often not for the bank to pay the nominee. But the nominee receives the money for the benefit of all legal heirs, so the other heirs’ shares are not lost. If heirs disagree, a certificate or settlement may still be needed.

Can I apply if one of the heirs is abroad?

Yes. The NRI heir gives a consent affidavit or Power of Attorney, notarised and apostilled in the country of residence, and the process continues in India.

What if someone objects to my application?

The court may treat the proceeding like a regular civil suit and decide the matter after hearing both sides. This takes longer, so we recommend settling disputes within the family before filing.

Does a succession certificate expire, and can it be extended?

It is valid for the debts and securities specified in it. If you discover another asset later, you can apply to extend it under Section 376.

Is a succession certificate needed if the deceased left a Will?

Where a Will exists, the beneficiary usually relies on the Will, and sometimes on probate if the institution insists. Probate is not compulsory for a Hindu making a Will in Pune, but some banks and societies ask for it.

How to Obtain a Succession Certificate in Pune – Procedure, Documents, Court Fees & Legal Requirements

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