Petition for Grant of Succession Certificate under Section 372 Indian Succession Act
A Petition for Grant of Succession Certificate is a formal application filed by the legal heir or claimant of a deceased person to obtain authority to collect specific debts and securities owed to the deceased. The certificate grants the holder a statutory indemnity against claims, enabling banks, companies, and other debtors to safely release the assets listed in the schedule.
This petition is filed before the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death. It is governed by Sections 370, 372, 373, 374, 375, 376, and 381 of the Indian Succession Act 1925, and court fee is payable ad valorem on the value of the debts and securities under the Court Fees Act 1870.
- Governing law
- Indian Succession Act 1925 (ss.370, 372, 373, 374, 375, 376, 381) + Court Fees Act 1870
- Sections
- s. ISA 372s. ISA 370s. ISA 375
- Filed before
- District Judge (jurisdiction where the deceased ordinarily resided at the time of death)
When this is the right filing
- When a person dies intestate (without a will) and the claimant needs to collect specific financial assets such as bank balances, fixed deposits, provident fund, bonds, or shares.
- When the deceased left a will but the executor has renounced executorship or no executor was appointed, and the claimant only seeks to collect debts and securities, not administer the entire estate.
- When the debtor or institution holding the asset insists on a court-issued certificate of succession before releasing the funds.
- Do not use this petition when seeking authority to administer the entire estate of the deceased—that requires a petition for Letters of Administration or Probate.
- Do not use this petition for mutation of property records or a succession certificate issued under personal law by a revenue authority.
What the court looks for
- Specific pleading of all six statutory particulars required by Section 372: time of death, ordinary residence of the deceased, family or near relatives and their residences, the right in which the petitioner claims, absence of any impediment under Section 370, and the debts and securities for which the certificate is sought.
- A precise Schedule of Debts and Securities listing each asset with its value, as the certificate will be limited to the items specified in this schedule.
- Proof that no executor appointed by a will is willing to act and that no prior grant of administration has been made, as required by Section 370.
- Correct valuation of the debts and securities and payment of ad valorem court fee as per the applicable State schedule under the Court Fees Act 1870.
- An offer to furnish security by bond for due administration, as the court may require this under Section 375 before issuing the certificate.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Facts
- 2Jurisdiction & valuation / court fee
- 3Schedule of debts and securities
- 4Prayer
- 5Affidavit-cum-verification
- 6List of documents / annexures
1. That the Petitioner states that one [deceased name], who was ordinarily residing at [deceased residence], departed this life on [death date] at [death place]. A certified copy of the Death Certificate is filed herewith as Annexure A.
Bracketed items are filled from your case.
Frequently asked questions
What is the difference between a Succession Certificate and Letters of Administration?
A Succession Certificate under Section 372 of the Indian Succession Act is granted specifically to collect debts and securities of the deceased, such as bank deposits and shares. Letters of Administration are granted to administer the entire estate of a person who died intestate, covering all assets and liabilities. The scope of a Succession Certificate is limited to the items listed in the schedule attached to the petition.
What happens if I discover a new debt or security after the certificate is granted?
The court grants the certificate only for the debts and securities specified in the schedule to the petition. If a new asset is discovered later, you cannot collect it under the existing certificate. You must either file a fresh petition or apply for an amendment to the original certificate to include the newly discovered debt or security.
Is a Succession Certificate valid for immovable property?
No. A Succession Certificate under the Indian Succession Act is strictly for debts and securities, which include financial instruments and movable assets like bank balances, fixed deposits, and shares. It does not confer any title or authority over immovable property. For immovable property, separate proceedings such as mutation or a civil suit for declaration of title may be required.
Free trial · Drafting assistance, not legal advice — always verify before filing.
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