A succession certificate is a court order that lets the heirs of a person who died without a will collect money owed to that person: bank deposits, shares, bonds, provident fund and similar debts and securities. In Bengaluru, it is granted by the civil court under Part X of the Indian Succession Act, 1925.
A legal heir certificate is a revenue certificate from the tahsildar that lists the family members. Probate is a court’s certificate that a will is genuine, granted to the executor named in it. The three are often confused because a bank may ask for any of them, depending on the amount and on whether there is a will.
The short version: no will and a small amount, the legal heir certificate may be enough. No will and a large amount, or an institution that insists, you need a succession certificate. A will, and an executor who must deal with banks or property, you may need probate.
The three side by side
| Legal heir certificate | Succession certificate | Probate | |
|---|---|---|---|
| Who issues it | Tahsildar, through Nadakacheri | Civil court (District Judge level) | Civil court (District Judge level) |
| When used | Identifying the family | No will; collecting debts and securities | There is a will; proving it |
| What it covers | Names of the heirs | Bank deposits, shares, bonds, dues named in it | The whole estate dealt with in the will |
| Court fee | None; small service charge | Court fee based on the value of the debts and securities | Court fee based on the value of the estate |
| Typical time | A few weeks | A few months if no one objects | A few months if no one objects; much longer if contested |
The times are rough. They depend on the court’s list, whether notices are served quickly, and whether any relative objects.
Legal heir certificate: the starting point
The legal heir or surviving family members certificate is an administrative paper. It is quick and cheap, and many offices accept it: pension, gas and electricity transfers, small bank balances, some insurance claims. It does not decide disputes and gives the bank no legal protection if it pays the wrong person.
Our article on the legal heir certificate in Bengaluru covers the documents and the Nadakacheri process.
Succession certificate: when the bank says “court order”
Banks, listed companies and mutual funds often ask for a succession certificate where the amount is large, where there is no nominee, or where the family cannot agree. The certificate protects the person who pays: once they pay the holder of the certificate, they are discharged.
How it works:
- A petition is filed in the civil court of the place where the deceased ordinarily lived. For people who lived in Bengaluru city, that is usually the City Civil Court on K.G. Road.
- The petition lists the deceased’s details, the heirs, and each debt or security to be covered, with its value.
- The court issues notice to the other heirs and publishes a public notice, so anyone with an objection can come forward.
- If no one objects, the court hears the petitioner, takes evidence, and grants the certificate on payment of the court fee.
A succession certificate only covers the debts and securities named in it. It is not used for land or houses. For immovable property, heirs usually rely on the legal heir certificate, khata and RTC mutation, and where needed a partition or release deed among themselves.
Probate: when there is a will
Probate is a copy of the will certified by the court, granted to the executor. It confirms that the will is genuine and that the executor can act on it. If the will names no executor, or the executor will not act, the court can grant letters of administration with the will annexed to a beneficiary.
A probate petition is filed in the civil court with the original will. The court sends notice to the legal heirs who would have inherited without the will, because they are the people most likely to object. If an heir files a caveat or objects, the petition turns into a contested case and can take years.
Is probate compulsory in Bengaluru?
For a long time, Section 213 of the Indian Succession Act said that for wills by Hindus, Sikhs, Jains and Parsis made in the old presidency towns (Mumbai, Chennai, Kolkata), an executor or beneficiary could not claim a right in court without probate. Bengaluru was never one of those towns, so probate was not compulsory here.
The Repealing and Amending Act, 2025, which received Presidential assent on 20 December 2025, omitted Section 213 altogether. So probate is no longer a legal precondition anywhere in India.
That does not mean probate is useless. Banks, housing societies and buyers sometimes still ask for it, especially when the will cuts out an heir, when the amounts are large, or when the family is not on good terms. A probated will is much harder to attack later.
What it costs in Karnataka
Court fees for succession certificates and probate in Karnataka are charged under the Karnataka Court Fees and Suits Valuation Act, 1958. The fee is worked out on the value of the debts and securities, or of the estate, so it grows with the size of the estate. For a large estate, the court fee is often the biggest single cost.
Besides the court fee, there are the lawyer’s fee, the cost of the public notice, certified copies, and affidavits. If the petition is contested, costs rise because evidence has to be led. Before filing, we work out the court fee on the actual figures so the family knows the number in advance.
Which one to apply for: a few common situations
- Father died, no will, Rs 2 lakh in a savings account, mother is the nominee: the bank will usually pay the nominee on the death certificate and its claim form. A nominee holds the money for the legal heirs, so the family still has to share it as the law requires.
- No nominee, larger fixed deposits and shares: expect the bank and the share registrar to ask for a succession certificate.
- A registered will leaving the house to one child: the khata can often be changed on the will, the death certificate and consent or no-objection from the other heirs. If an heir objects, probate becomes worth the time.
- Property in more than one state: take advice early, because the place of filing and the court fee can differ.
If you are thinking about making a will so that your own family avoids this, see how to write and register a will in Bengaluru.
Questions people ask
What is the difference between a succession certificate and a legal heir certificate?
A legal heir certificate is issued by the tahsildar and only identifies the family members. A succession certificate is issued by a civil court and authorises the holder to collect specific debts and securities, such as bank deposits and shares, of a person who died without a will.
How much does a succession certificate cost in Karnataka?
The main cost is the court fee under the Karnataka Court Fees and Suits Valuation Act, which is calculated on the value of the debts and securities listed. Add the lawyer’s fee, a public notice and certified copies.
How long does a succession certificate take in Bangalore?
If no one objects, usually a few months, because the court has to issue notices and wait for objections. If a relative objects, it becomes a contested case and takes longer.
Is probate mandatory in Bangalore?
No. Probate was never compulsory in Bengaluru, and Section 213 of the Indian Succession Act, which made it compulsory in Mumbai, Chennai and Kolkata, was omitted in December 2025. Some banks and buyers may still ask for it.
Can a succession certificate be used for land or a house?
No. A succession certificate covers debts and securities such as bank accounts and shares. Land and houses pass to heirs through mutation of revenue and khata records, and partition or release deeds where needed.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.