When a person dies without leaving a will, their legal heirs need official proof to claim ownership over the deceased’s financial assets, such as bank deposits, insurance or investments. This proof is known as a Succession Certificate.
For residents of Maharashtra, the process of obtaining a Succession Certificate Maharashtra involves specific steps under the Indian Succession Act, 1925. Let’s explore everything you need to know about this important legal document.
What Is a Succession Certificate?
A Succession Certificate is a legal document issued by a competent civil court to the legal heirs of a deceased person. It authorizes them to collect debts, securities or financial assets of the deceased.
It is most commonly required for claiming:
- Bank account balances
- Fixed deposits (FDs)
- Provident Fund (PF)
- Mutual funds or shares
- Life insurance payouts
This certificate ensures that the rightful heirs can inherit the assets smoothly, without disputes or legal hurdles.
Importance of a Succession Certificate
A Succession Certificate serves as legal proof of authority for heirs to manage or transfer the deceased’s financial assets. It:
- Confirms the rightful ownership of assets
- Prevents fraudulent claims
- Helps release funds from financial institutions
- Establishes the heirs’ legal standing in court
For financial institutions, it acts as a safeguard — ensuring that the released funds go to the correct beneficiaries.
Succession Certificate Maharashtra: Who Can Apply?
In Maharashtra, the Succession Certificate can be applied for by any legal heir of the deceased person. Eligible applicants include:
- Spouse (husband or wife)
- Children (sons and daughters)
- Parents of the deceased
- Siblings (if no immediate family exists)
The applicant must reside in Maharashtra or the deceased should have had assets within the state.
Documents Required for Succession Certificate in Maharashtra
To apply for a Succession Certificate Maharashtra, you’ll need the following documents:
- Death Certificate of the deceased
- Identity proof (Aadhaar, PAN, Voter ID)
- Address proof of the applicant
- Details of legal heirs and family tree
- Details of assets (bank accounts, investments, etc.)
- No-objection certificates (NOCs) from other heirs, if applicable
- Court fee or stamp paper as per case value
How to Apply for a Succession Certificate in Maharashtra
Here’s a step-by-step guide to obtaining a Succession Certificate Maharashtra:
- Prepare a Petition – Draft a petition under Section 372 of the Indian Succession Act, 1925.
- Submit to the District Court – File the petition in the civil court within whose jurisdiction the deceased lived or owned property.
- Include Supporting Documents – Attach all required documents proving death, relationship and assets.
- Court Hearing & Notices – The court issues notices to all heirs and the general public for objections.
- Verification & Order – If no objections arise, the court verifies and grants the Succession Certificate.
- Collect the Certificate – The certified copy can then be used to claim the deceased’s assets.
The entire process may take 30 to 90 days, depending on court workload and objections.
Jurisdiction for Succession Certificate Maharashtra
Applications for Succession Certificate Maharashtra should be filed in the District Court or City Civil Court where:
- The deceased resided at the time of death or
- The assets (like bank accounts or securities) are located.
For example, in Mumbai, such cases fall under the jurisdiction of the Bombay City Civil Court.
Fees and Court Charges
The court fee for a Succession Certificate Maharashtra is based on the value of the deceased’s estate. As per the Court Fees Act, 1959 (Maharashtra Amendment), it is usually 2% to 3% of the total value of the movable assets claimed.
Conclusion
A Succession Certificate is an essential legal document for transferring financial assets after the death of a loved one. For residents of Maharashtra, the Succession Certificate Maharashtra procedure ensures transparency, rightful ownership and protection from fraudulent claims.
Always consult a qualified lawyer to draft and file your petition correctly. With accurate documentation and timely application, obtaining a Succession Certificate can be a smooth and secure process.
FAQs About Succession Certificate & Succession Certificate Maharashtra
1. What is a Succession Certificate?
A Succession Certificate is a legal document issued by a civil court that authorizes legal heirs to collect debts, securities and financial assets of a deceased person who died without a will.
2. Who can apply for a Succession Certificate in Maharashtra?
Any legal heir — such as a spouse, child or parent — can apply for a Succession Certificate Maharashtra by filing a petition in the District or City Civil Court where the deceased lived or owned assets.
3. What documents are required for a Succession Certificate in Maharashtra?
Essential documents include:
- Death Certificate of the deceased
- Proof of relationship and address
- Identity documents of heirs
- Asset details (bank statements, FDs, etc.)
- NOC from other heirs (if any)
4. How to apply for a Succession Certificate in Maharashtra?
File a petition under Section 372 of the Indian Succession Act, 1925 in the District Court. Attach necessary documents, attend hearings and once verified, the court issues the Succession Certificate Maharashtra for asset claims.
5. What is the time frame to get a Succession Certificate in Maharashtra?
The process to obtain a Succession Certificate Maharashtra usually takes 30 to 90 days, depending on the number of heirs, verification speed and whether any objections are raised during court proceedings.
6. What is the court fee for a Succession Certificate in Maharashtra?
The court fee in Maharashtra is generally 2% to 3% of the total value of the movable assets mentioned in the application, as per the Maharashtra Court Fees Act, 1959.
7. Is a lawyer required for obtaining a Succession Certificate?
Yes, hiring a lawyer is strongly recommended. A lawyer helps draft the petition, gather evidence and represent you in court to ensure the Succession Certificate is issued without delay or legal complications.
8. What is the difference between a Legal Heir Certificate and a Succession Certificate?
A Legal Heir Certificate only identifies the deceased’s heirs, while a Succession Certificate legally empowers those heirs to claim financial assets like bank balances or securities. The latter is issued by a civil court.
9. Can a Succession Certificate be challenged in court?
Yes. Other heirs or interested parties can challenge a Succession Certificate within the objection period announced by the court, citing reasons such as disputed relationships or forged documents.
10. Is a Succession Certificate valid for immovable property?
No. A Succession Certificate applies only to movable assets like money, shares or securities. For immovable property (land or house), a Legal Heir Certificate or Probate of Will is required instead.
