Saving Mantra Blog: Step-by-Step Process for Obtaining Succession Certificate for NRI in India
When a person passes away without a nominee or Will for movable financial assets in India, their legal heirs may require a Succession Certificate to collect, transfer, or manage the financial assets. For Non-Resident Indians (NRIs), this becomes essential to access bank accounts, fixed deposits, provident fund, shares, bonds, debentures, and other debts owed to the deceased.
This Saving Mantra guide explains the purpose, eligibility, documents, legal procedure, court fees, timelines, and common mistakes, helping NRIs handle the process smoothly.
⭐ What is a Succession Certificate?
A Succession Certificate is a legal document issued by an Indian civil court that grants the rightful heir(s) authority to:
✔ Claim financial assets of the deceased
✔ Recover debts and securities
✔ Operate and close bank accounts
✔ Transfer shares & bonds
✔ Collect provident fund & insurance amounts (in specific cases)
It applies mainly to movable assets.
⭐ When Do NRIs Need a Succession Certificate?
An NRI heir may need a Succession Certificate when:
- The deceased has bank accounts or FDs in India
- Shares, bonds, or mutual funds exist without nomination
- Insurance or PF lacks clear beneficiary details
- Government dues or arrears are pending
- There is no Will, or Will is contested
⭐ Who Can Apply for a Succession Certificate?
Eligible applicants include:
- Spouse
- Children
- Parents
- Siblings (in absence of above)
If NRI is residing outside India, they can apply through:
✔ Power of Attorney (PoA) holder in India, or
✔ Direct court filing when physically present
⭐ Step-by-Step Process for Obtaining Succession Certificate for NRI in India
Step 1: Collect Required Documents
Key documents include:
✔ Death Certificate of deceased
✔ Legal heir details (Passport, Aadhaar, Overseas Address proof)
✔ Proof of relationship (Birth/Marriage certificate)
✔ Asset details (Account statements, share certificates, PF records)
✔ ID & Address of applicant (Indian or foreign)
✔ NRI status proof (Passport, OCI/PIO, Visa)
Step 2: Engage an Indian Advocate
Succession cases must be filed in Indian courts. An NRI should appoint a lawyer to:
- Draft the petition
- Prepare PoA (if required)
- Handle court filings and hearings
Step 3: Execute a Power of Attorney (If NRI is Abroad)
If applying from abroad, process includes:
- Advocate drafts PoA
- NRI signs in presence of:
- Indian Embassy/Consulate, or
- Foreign Notary + Apostille
- PoA is couriered to India and adjudicated before use
Step 4: Filing of Succession Certificate Petition in Court
The advocate files the petition in:
✔ District Court where deceased last resided, or
✔ Where the property/financial institution is located
Petition must specify:
- Date & place of death
- Family details & legal heirs
- List of assets & liabilities
- Reason for seeking certificate
Step 5: Court Issues Notices & Newspaper Publication
After filing, the Court:
✔ Issues notice to legal heirs
✔ Orders newspaper publication inviting objections from the public
If no objections are received during the notice period, case proceeds uncontested.
Step 6: Evidence & Verification Stage
Court verifies:
- Heirship details
- Death certificate authenticity
- Asset ownership documents
- NRI relationship proof
Heirs may testify physically or through:
✔ Video conferencing, or
✔ PoA holder, subject to court approval
Step 7: Grant of Succession Certificate
Once satisfied, Court issues the:
✔ Succession Certificate specifying asset values and scope
This certificate empowers the NRI/PoA holder to legally collect movable assets.
⭐ Documents Commonly Covered Under Succession Certificate
NRIs can claim the following using the certificate:
✔ Savings/Current accounts
✔ Fixed Deposits (FDs)
✔ Recurring Deposits (RDs)
✔ Shares & Mutual Funds
✔ Debentures & Bonds
✔ Provident Fund (in specific cases)
✔ Government dues & arrears
✔ Post Office Deposits
⭐ Court Fees & Stamp Duty for Succession Certificate
Court fee depends on state laws:
- Some states charge percentage of asset value
- Others charge fixed stamp duty
- Approx range: 0.5% – 6% depending on state & asset value
Example:
- In Delhi: ~2% of asset value capped at a maximum
- In Maharashtra: percentage-based on estate value
⭐ Timeline for Obtaining Succession Certificate
Typical timelines:
| Case Type | Duration |
|---|---|
| Uncontested | 4–9 months |
| Contested | 1–3+ years |
Processing time varies due to notices, evidence, and court workload.
⭐ Succession Certificate vs Probate vs Legal Heir Certificate
| Feature | Succession Certificate | Probate | Legal Heir Certificate |
|---|---|---|---|
| Applies To | Movable Assets | Wills | Generic heir recognition |
| Requires Will? | No | Yes | No |
| Issued By | Civil Court | High/District Court | Local Revenue Authority |
| For Shares/FDs? | Yes | If Will exists | No |
⭐ Common Mistakes NRIs Should Avoid
❌ Not collecting financial asset details early
❌ No PoA execution for Indian representation
❌ Assuming nomination replaces legal right
❌ Relying on Will alone for bank assets
❌ Not publishing details during notice period
❌ Missing deadlines for court responses
⭐ Practical Tips for NRIs
✔ Keep bank & investment statements updated
✔ Use consular attestation for PoA abroad
✔ Maintain birth/marriage certificates as heir proof
✔ Consult NRI succession experts for complex estates
Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Succession laws, court fees, and procedures differ by state and may change. Readers should consult a qualified advocate or authority before proceeding.