Succession Certificate in Kolkata: For Bank Deposits, Shares and Debts — Process, Court Fee and Timeline
A succession certificate is issued by a civil court under Part X of the Indian Succession Act, 1925, to let heirs collect a deceased person’s debts and securities, such as bank balances, fixed deposits, shares, mutual funds and amounts due from others, when there is no will or no probate. In Kolkata and West Bengal you apply to the District Judge (or the court empowered) where the deceased ordinarily lived, or where the property is if they had no fixed residence. It does not cover land or buildings. Banks often need it for large balances where there is no nominee or the nominee is disputed.
Succession certificate, probate and legal heir certificate
| Document | Issued by | Used for |
|---|---|---|
| Succession certificate | Civil court (District Judge) | Debts and securities: bank deposits, shares, mutual funds, dues |
| Probate | High Court or District Judge | Proving a will and the executor’s authority |
| Letters of administration | High Court or District Judge | Administering an estate where there is no executor |
| Legal heir or family member certificate | State revenue or local authority | Identifying heirs, often for pensions, utilities and small claims |
When you need it
- A bank account or FD with no nominee, or where the bank’s threshold for claims without documents is exceeded.
- Shares or debentures where the registrar asks for it.
- Dues from employers, tenants or debtors of the deceased.
If there is a nominee, the institution usually pays the nominee, who holds the money for the legal heirs. Probate has become optional for Kolkata wills; see our post on probate after section 213 was omitted.
Documents
- Petition with the deceased’s details, date and place of death, and list of debts and securities with values.
- Death certificate.
- Details of all legal heirs with their relationship.
- Statements and certificates of the accounts and investments.
- Proof that the deceased ordinarily lived within the court’s jurisdiction.
Process
- File the petition with the court fee, which is a percentage of the value of the debts and securities under the West Bengal Court-Fees Act, 1970.
- The court issues notice to heirs and publishes a notice for objections, usually allowing about 45 days.
- If no one objects, the court hears the matter and orders the certificate, sometimes asking for a security bond.
- The certificate is issued for the listed debts and securities.
An uncontested application often takes three to six months.
Tax and after-steps
- File the deceased’s final income tax return through a legal representative registered on the portal.
- Interest and dividends after death belong to the heirs and are taxed in their hands.
- Transmit shares and mutual funds into heirs’ names before selling.
FAQs
Where do I apply for a succession certificate in Kolkata?
Before the District Judge or the court empowered to hear such cases where the deceased ordinarily resided.
Does a succession certificate cover a flat or land?
No. It covers debts and securities, not immovable property.
How long does a succession certificate take?
Often three to six months if there are no objections.
Is a succession certificate needed if there is a nominee?
Usually not for payment by the institution, but heirs’ rights remain under succession law.
TAXAJ, with its legal team, assists heirs in Kolkata with succession certificates, transmission of investments and the related tax returns. Talk to our Kolkata team.
Last updated 11 November 2026. Sources: Indian Succession Act, 1925, Part X (sections 370 to 390); West Bengal Court-Fees Act, 1970; income tax rules on legal representatives. General information only; take legal advice on your facts.
