Succession and probate
Succession certificate petition format under Section 372
How a succession certificate petition is drafted under Section 372 of the Indian Succession Act, 1925: the particulars required, the schedule of debts and securities, court fee and the publication procedure.
A succession certificate is granted by the District Judge under Part X of the Indian Succession Act, 1925 to authorise the holder to collect debts and securities due to a deceased person. The petition under Section 372 must state the time and place of the death, the ordinary residence of the deceased at death, the family and other near relatives with their residences, the right in which the petitioner claims, the absence of any impediment to the grant, and a schedule of the debts and securities for which the certificate is sought. Court fee is ad valorem on the value of those debts and securities.
- Governed by
- Sections 370 to 390, Indian Succession Act, 1925, and Section 372 for the petition
- Court Fees Act as applicable in the State
- Where it is filed
- The District Judge within whose jurisdiction the deceased ordinarily resided at the time of death, or where there is no such residence, where any part of the property is situated.
- Who files it
- A legal heir or any person having an interest in the debts or securities of the deceased.
- Court fee and stamp
- Ad valorem on the value of the debts and securities covered by the certificate, at the percentage prescribed by the State.
What a succession certificate petition must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.Cause title
The District Court, the petitioner, and all other legal heirs impleaded as respondents.
2.Death particulars
The date and place of death, with the death certificate annexed.
3.Ordinary residence
Where the deceased ordinarily resided at the time of death, which fixes jurisdiction.
4.Family and heirs
A complete list of the surviving relatives with their relationship, age and residence, so that no heir is left out.
5.Right of the petitioner
The basis on which the petitioner claims: intestate succession, or under a will.
6.Schedule of debts and securities
Each bank deposit, insurance policy, provident fund balance, share holding or debt, with the institution, account or policy number and the amount.
7.No impediment
The averment that there is no impediment under Section 370 or any other provision to the grant of the certificate.
8.Prayer
Grant of a succession certificate in respect of the scheduled debts and securities, on furnishing security if directed.
Mistakes that get this document returned
- Leaving out a legal heir, which is a ground to revoke the certificate later.
- A schedule without account or policy numbers, so the bank refuses to act on the certificate.
- Including immovable property, which a succession certificate does not cover.
- Under-valuing the debts and securities to reduce court fee, leading to an order to make good the deficit.
Frequently asked questions
Does a succession certificate cover immovable property?
No. A succession certificate under Part X of the Indian Succession Act, 1925 covers debts and securities. Immovable property devolves by succession and is dealt with through a legal heirship certificate, mutation, partition or a declaratory suit.
What is the difference between a succession certificate and a legal heir certificate?
A succession certificate is granted by a civil court and authorises the holder to collect debts and securities of the deceased. A legal heirship certificate is issued by the revenue authority or Tahsildar and is used mainly for pension, service benefits and transfer of records.
How long does a succession certificate take?
It depends on the court, but the procedure requires publication and an opportunity to the other heirs and objectors, so a few months is typical even when uncontested.
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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.