A Succession Certificate is a court-issued document that establishes the right of a legal heir to receive the debts, securities and property belonging to a deceased person. In Kerala, Succession Certificates are required for transferring bank accounts, fixed deposits, shares, bonds, insurance proceeds and other assets held in the deceased's name — particularly where there is no Will, or where the Will has not been probated. For NRI families dealing with a deceased parent's estate in Kerala, the Succession Certificate is frequently the first legal document required — and it is obtained from the Civil Court, not from the Revenue authorities (which issue the separate Legal Heirship Certificate).
How NRIs Obtain a Succession Certificate in Kerala
For NRIs, the succession certificate is one of the most commonly required legal documents — particularly to release bank fixed deposits, shares, mutual funds, debentures, and insurance proceeds held in a deceased parent's name in India. The process is entirely court-driven and requires filing a petition before the District Court having jurisdiction.
Which Court Has Jurisdiction
The petition is filed before the District Court having jurisdiction over the place where the deceased ordinarily resided at the time of death, or where any part of the property forming the subject of the certificate is situate. For NRIs whose parents resided in Ernakulam, the petition is filed before the Principal District Court, Ernakulam.
Documents Required
The petition must be supported by: the death certificate of the deceased; proof of the petitioner's identity and relationship to the deceased; details of the debts and securities for which the certificate is sought; a declaration that no other succession certificate has been granted; and an affidavit in support. Where assets are in multiple locations, separate petitions may be required in each jurisdiction.
Process and Timeline
After filing, the court issues a notice (citation) which is published in a newspaper and served on potential objectors, including other heirs. If no objection is received within the citation period (typically 45 days), the court proceeds to grant the certificate. The entire process typically takes 3–6 months in Kerala courts, though this can extend if objections are filed or service is delayed.
Managing the Process from Abroad
NRIs can conduct the entire process through an advocate in Kerala without travelling to India. A properly executed Power of Attorney (apostilled and adjudicated) authorises the advocate or a family member in Kerala to file and pursue the petition on the NRI's behalf. Once granted, the certificate holder can present it to the bank or institution to release the assets.
For detailed guidance on this topic specific to your circumstances, the office is available at luka@lukeandluka.in or +91 96057 61330, Monday to Friday, 10:00 AM to 5:30 PM IST. Remote consultations — by video call, WhatsApp or email — are available for NRIs and OCI holders in all time zones.