How to obtain Succession Certificate

Procedure How to Apply and Get Succession Certificate

Rule 377 of Bombay High Court Rules provides for the procedure to get Application for succession certificate.

The application for succession certificate shall be made by petition. There shall be annexed to the petition a schedule of the property of the deceased in respect of which the succession certificate is applied for. The petition shall be in Form No. 110 with such variations as the circumstances of each case may require and shall be accompanied by-

(a) The vakalatnama singed by the petitioner (Form No.5), unless the petitioner appears in person;

(b) The petitioner’s oath (Form No.112); and

(c) A copy of the estate duty return, if filed with the Controller of Estate Duty.

The schedule to the petition shall be in Form No.111 with such variations as the circumstances of each case may require.You need to file Original Death Certificate in the Registry.

Your Petition appears on Testamentary Registrar’s Board on the auto generated date. On the first date, the Testamentary Registrar issues directions to issue Citation, Notice to non Consenting heirs, Service of Notice & Citation etc.

On or before second date, you need to file Affidavit of Service, Consent Affidavit of other heirs, Administration Bond with Surety. Upon satisfaction of compliances, the Testamentary Registrar will order to issue Letter of Administration upon the Will of the deceased. However, if the non Consenting heirs files Caveat, you need to apply for conversion of Testamentary Petition in to Testamentary Suit. The matter will thereafter, proceed with the regular trial, evidence, hearing on the Testamentary Court till final disposal as per law.