HOW TO DRAFT APPLICATION TO SUCCESSION CERTIFICATE FROM COURT IN INDIA
A MODEL PETITION FORMAT COULD WORK EASILY
MANDATORY DETAILS & DOCUMENTS REQUIRED
By Legal Reporter
New Delhi: April 22, 2026:
Here’s a model petition format for applying to the District Judge for a succession certificate, structured in line with Sections 372–378 of the Indian Succession Act, 1925. This is a template—actual petitions must be tailored to specific facts and verified by a legal practitioner.
To explore how courts resolve disputes over property rights and succession claims, read the detailed judgment analysis of Jyoti Sharma vs Vishnu Goyal & Anr , which highlights key legal principles on inheritance, ownership, and evidentiary standards.
Model Petition for Succession Certificate
IN THE COURT OF THE DISTRICT JUDGE AT [District Name]
Succession Certificate Petition No. ___ of 20__
In the matter of:
The Estate of Late [Full Name of Deceased],
Resident of [Address],
Deceased on [Date of Death].
Petitioner:
[Full Name of Applicant],
[Relationship to Deceased],
Resident of [Address].
Petition under Section 372 of the Indian Succession Act, 1925
The humble petition of [Petitioner’s Name] most respectfully showeth:
- Time of Death
That the deceased, [Name], died on [Date] at [Place]. - Residence of Deceased
That the deceased ordinarily resided at [Address] within the jurisdiction of this Hon’ble Court at the time of death. - Family and Relatives
That the near relatives of the deceased are:
- [Name, Relationship, Address]
- [Name, Relationship, Address]
(Attach family details with addresses.)
- Right Claimed by Petitioner
That the petitioner is the [relationship, e.g., son/daughter/spouse] of the deceased and is entitled to the debts and securities mentioned herein. - Absence of Impediment
That there is no impediment under Section 370 of the Indian Succession Act, 1925, or under any other law, to the grant of the certificate. - Debts and Securities
That the following debts and securities are due to the deceased:
- [Details of bank deposits, shares, bonds, debentures, etc.]
- [Account numbers, certificate numbers, or other identifiers.]
- Prayer
The petitioner therefore prays that this Hon’ble Court may be pleased to:
- Grant a succession certificate in respect of the above debts and securities.
- Empower the petitioner to collect interest/dividends and negotiate or transfer the securities as per Section 374.
- Pass such other orders as deemed fit.
Verification
I, [Petitioner’s Name], do hereby declare that the contents of this petition are true to my knowledge and belief, and nothing material has been concealed.
Place: __________
Date: __________
Signature of Petitioner: __________
Annexures
- Death Certificate of the deceased.
- Proof of relationship (e.g., birth/marriage certificate).
- List of debts and securities with supporting documents.
- Identity and address proof of petitioner.
This format captures the statutory requirements under Section 372 and aligns with procedural safeguards under Sections 373–378. Courts may also require a bond with sureties (Section 375) before granting the certificate.