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