Succession Certificate Petition Format under Section 372 of the Indian Succession Act, 1925
Updated sample petition for obtaining a succession certificate for debts and securities of a deceased person, with the statutory particulars required by Sections 370, 371 and 372 of the Indian Succession Act, 1925.
Applicable law for a succession certificate
Succession certificates are governed by Part X of the Indian Succession Act, 1925. Section 370 deals with restrictions on the grant of certificates, Section 371 identifies the court having jurisdiction, and Section 372 specifies how an application is to be made and the particulars that the petition must contain.
Which court can grant a succession certificate?
Under Section 371, the competent court is the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death. If the deceased had no fixed place of residence at that time, jurisdiction may lie where any part of the deceased's property is situated, subject to the statutory conditions and the local allocation of work among courts.
In Delhi, succession petitions may be assigned to the court of the Administrative Civil Judge according to the applicable district allocation and filing practice.
Particulars required in a Section 372 petition
| Requirement | Information to provide |
|---|---|
| Death | Time/date and place of death of the deceased. |
| Residence / jurisdiction | Ordinary residence of the deceased at the time of death; where relevant, particulars of property within the court's jurisdiction. |
| Near relatives | Names and addresses of family members or other near relatives. |
| Petitioner's right | The legal basis on which the petitioner claims entitlement to the certificate. |
| No statutory impediment | A statement addressing the absence of an impediment under Section 370 or any other applicable provision. |
| Debts and securities | Complete details of the debts and securities for which the certificate is sought. |
Updated Succession Certificate Petition Format
IN THE COURT OF THE ADMINISTRATIVE CIVIL JUDGE AT __________, DELHI
____________________________Petitioner/Applicant
Versus
____________________________Respondent(s)
PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 FOR GRANT OF SUCCESSION CERTIFICATE IN RESPECT OF THE DEBTS AND SECURITIES OF LATE __________________
Most respectfully submitted:
- That Late __________________ died on __________ at __________. A copy of the death certificate may be filed with the petition.
- That at the time of death, the deceased ordinarily resided at __________________. The petition is therefore presented before the court having territorial jurisdiction. If the deceased had no fixed place of residence, set out the relevant property situated within the jurisdiction of this Court.
- That the family members and other near relatives of the deceased, with their complete addresses and relationship to the deceased, are as follows: __________________.
- That the petitioner claims the succession certificate in the capacity of __________________ and states the basis of such claim as follows: __________________.
- That, to the best of the petitioner's knowledge and belief, there is no impediment under Section 370 of the Indian Succession Act, 1925, or any other applicable law to the grant or validity of the succession certificate sought.
- That the debts and securities in respect of which the succession certificate is sought are described below:
(a) Name of bank/company/debtor: __________________
(b) Account/Folio/Certificate/Policy details: __________________
(c) Amount/value, where ascertainable: __________________
(d) Other identifying particulars: __________________ - That the petitioner undertakes to comply with the requirements relating to court fee, security or indemnity, if directed by the Court in accordance with law.
Prayer
In view of the facts stated above, it is respectfully prayed that this Hon'ble Court may be pleased to grant a succession certificate in favour of the petitioner in respect of the debts and securities described in this petition, together with such other or further relief as this Hon'ble Court may deem fit and proper.
Place: __________
Date: __________
Petitioner/Applicant
Address: __________________
Verification
I, __________________, the petitioner above named, verify that the contents of paragraphs ___ to ___ are true to my knowledge and belief and that nothing material has been concealed therefrom.
Verified at: __________
Date: __________
Petitioner/Applicant
Download Succession Certificate Petition in Word Format
The editable Word specimen may be downloaded and adapted to the facts of the case and the filing requirements of the competent court.
Download MS Word FormatOfficial legal and court references
India Code - Central Acts and statutory text
Disclaimer: This page provides a general specimen for information and drafting assistance. Court nomenclature, documents, court fee, valuation, procedure and local filing requirements can vary. Verify the current rules and directions of the competent court before filing.