Inheritance documents in India compared
Legal heir certificate, succession certificate, probate, letters of administration and other proofs, side by side.
After a death, banks, registrars, depositories and housing societies ask for proof of who is entitled. The table compares types of documents and routes, not specific offices or lawyers. Which one you need depends on whether there is a will, what the asset is, its value, whether there is a nominee and whether anyone objects. Court fees vary by state, so figures elsewhere on this site are illustrative. Read the certificates guide for detail.
Select a column header to sort.
| Document or route | How it works | Good for | Watch out for |
|---|---|---|---|
| Nomination | Asset is paid to the nominee on a claim form with the death certificate | Bank deposits, lockers, demat, mutual funds, EPF, insurance | Nominee usually receives as trustee for the legal heirs, not as owner (insurance 'beneficial nominee' is an exception) |
| Bank simplified procedure | Bank settles an unnominated deposit below its threshold (at least ₹15 lakh; ₹5 lakh at a co-operative bank) on a claim form, indemnity and heirship proof | Smaller bank balances with no will and no dispute | Needs all heirs' no-objection letters; any dispute or will takes it out of the simplified route |
| Legal heir certificate | Revenue officer (Tahsildar or equivalent) certifies the family members after an inquiry | Pensions, utilities, government dues, smaller claims | Names and procedure vary by state; it does not decide ownership |
| Succession certificate | Civil court certifies who may collect debts and securities, under Part X of the Indian Succession Act | Larger deposits, shares, bonds and debts owed to the deceased, without a will | Court fee on the value, public notice and waiting time; does not cover immovable property |
| Probate | Court certifies a will and the executor's authority | Wills with a named executor, especially for property and where institutions insist | Since section 213 was omitted in December 2025 probate is no longer a statutory precondition; still often requested in practice |
| Letters of administration | Court appoints an administrator for an estate with no executor or no will | Estates with property and no executor, or where heirs need a court-appointed administrator | Court fee on the estate's value and possible security bond |
| Family settlement deed | Heirs agree in writing how to divide the estate | Avoiding court when all heirs agree | Stamp duty and registration rules differ by state when immovable property is covered |
| Partition suit | Court divides property among co-owners or coparceners | When heirs cannot agree | Slow and expensive; try mediation first |
This is general guidance, not legal advice. Check the Indian Succession Act, 1925 and the Hindu Succession Act, 1956 on India Code and amendments in the e-Gazette. The Repealing and Amending Act, 2025 (No. 37 of 2025) omitted section 213 of the Indian Succession Act. Bank claim procedures are in the RBI (Commercial Banks – Responsible Business Conduct) Directions, 2025 on the RBI website. Court fees are set by each state's court fees law; ask the court's filing counter or an advocate. For free help, contact NALSA (helpline 15100).