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A succession certificate is a document issued by a competent (civil) court that certifies a rightful person as the heir of a deceased person. This certificate authorises the deceased person’s successor(s) to realise debts and securities. The issuance of a succession certificate does not confer the right of succession to a deceased person’s claimed property because it does not determine the deceased person’s right, title, and interest in a specific property or the entire property. However, the intestate deceased person’s successor(s) is/are entitled to inherit the deceased person’s property (ies).
According to Section 370 of the Indian Succession Act, when a deceased person leaves a validly executed Will, the entire estate of the deceased person under that will vests on the executor of the will, and a Succession Certificate cannot be granted in such cases. In eligible cases, the District Court (Section 371 of the said Act) in whose jurisdiction the deceased person generally resided is the competent court to issue such certificate.
