Succession Certificate in Karnataka: When You Need It and How to Get One

The problem

A family member has died without a will. The bank, the company or the investment house refuses to release their money until you produce a succession certificate.

Example: A son tries to claim his late father’s fixed deposits and shares. The bank asks for a succession certificate because there was no nominee.

What the law says

A succession certificate is issued by a civil court under Part X of the Indian Succession Act, 1925. It allows the holder to collect debts and securities of the deceased, such as bank deposits, shares and dues. It is different from a legal heir or family tree certificate issued by the revenue authorities, which only identifies the heirs.

What you can do – step by step

  1. Check if you need it. Ask the bank or company in writing. Some release small amounts on an indemnity and heirship proof.
  2. Collect documents: death certificate, family tree or legal heir certificate, and details of each deposit or security.
  3. File a petition in the civil court where the deceased lived. In Bengaluru, this is usually the City Civil Court.
  4. Get consent from other heirs, if possible. It makes the process faster.
  5. The court publishes a notice and waits for objections. If none come, it grants the certificate.
  6. Pay the court fee, which depends on the value of the assets claimed.

Documents to keep

  • Death certificate
  • Family tree or legal heir certificate
  • Passbooks, deposit receipts, share statements
  • ID and address proof of all heirs

Mistakes to avoid

  • Leaving out a legal heir. It can lead to the certificate being revoked.
  • Confusing a succession certificate with probate. Probate is for a will.
  • Not checking nominations first. A nominee may be able to collect directly.

Contact

To speak to an advocate, call +91 63660 42792 or email contact@baselegal.in. You can also send us a message. Read more about our Civil, Property & Consumer practice.

This article is for general information only. It is not legal advice. Please speak to an advocate about your own case.

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