• Any eligible Class-I legal heir as per succession law (spouse, children, parents).
• Other eligible family members can apply if no Class-I heir exists.

• Application form (available at local Tehsil, SDM office, or online portal).
• Death certificate of the deceased.
• Self-declaration affidavit by the applicant and consent from other surviving members.
• Identity proofs: Aadhaar card, Voter ID, OCI etc.
• Address proof: Electricity bill, water bill, rent agreement, or other valid document.
• List of all surviving family members with relationships enumerated.
• Photograph of the applicant & deceased.
• All documents usually must be attested by a Gazetted Officer.

• Application can usually be submitted online or offline at the local Tehsil/SDM office or district e-governance portal.
• No government fee (or nominal charge around Rs.50/-) is generally charged for issuance.
• Verification is conducted by the authorities, and an SMC is typically issued within 30 days of submission, subject to all documents being in order.

SMC is widely accepted by government offices, banks, insurance companies, and courts for succession-related processes.

It does not by itself confer ownership, but is a necessary document for mutation, name transfer, and settling legal/financial claims i.e. Proves status as legal heir but does not, by itself, settle title disputes (which may require a succession certificate or court order for large or contested estates).

• A succession certificate is a legal document issued by a civil court under the Indian Succession Act, 1925.
• It authorizes the legal heirs of a deceased person (who died intestate—without a will) to collect outstanding debts, securities, and movable assets belonging to the deceased.
• It is essential for accessing funds held in bank accounts, fixed deposits, shares, bonds, insurance policies, and other securities.
• The certificate protects parties paying debts in good faith and grants the holder the authority to negotiate or transfer movable assets of the estate.

Why is a Succession Certificate Needed?

• Required by banks, financial institutions, and insurance companies before funds/assets are transferred to heirs in the absence of a will.
• Necessary to recover outstanding debts owed to the deceased by third parties.
• Used to transfer shares, stocks, mutual funds, and similar securities to heirs.
• Provides legal assurance to creditors and third parties dealing with the estate's assets.

Who Can Apply?

• Any legal heir of the deceased (spouse, children, parents) who wishes to claim movable assets can apply.
• Usually, one legal heir applies on behalf of all, with the consent or No-Objection Certificates (NOCs) from other heirs if required.
• The applicant should approach the district court where the deceased last resided or where the assets are located.

Essential Documents Required

• Death certificate of the deceased
• Proof of relationship with the deceased (e.g., marriage certificate, birth certificate)
• Identity and address proof of applicant and all legal heirs (Aadhaar, PAN, Voter ID, utility bills)
• List and details of all surviving legal heirs
• Detailed inventory of movable assets, debts, and securities to be claimed
• Affidavit stating the facts and claim of the petitioner
• Prescribed court fee as a percentage of asset value
• Application/petition form for the certificate

Application Process

• Usually Filed through a Lawyer, however if filed in-person, the procedure to be followed is as under.
• Draft and file a petition under Section 372 of the Indian Succession Act, 1925, in the district court of relevant jurisdiction.
• Submit required documents with the petition.
• Preliminary hearing by the court; if the petition is admitted, public notice is issued for objections (typically a 30–45 day period).
• If no objections arise, the court verifies all claims, conducts a final hearing, and issues the succession certificate.
• The applicant may be required to furnish a bond/surety for potential misuse of the certificate.

Validity and Legal Effects

• Valid throughout India for the debts/securities/financial assets specified.
• The certificate holder can collect, negotiate, or transfer debts and securities listed and act on behalf of the deceased for these assets.
• It does not by itself grant ownership of immovable property or resolve title disputes—ownership of immovable property may require separate proceedings.
• The certificate can be revoked for fraud, misrepresentation, or procedural defects.

Key Differences: Succession Certificate vs. SMC / Legal Heir Certificate