What is the difference between a probate and a succession certificate?

Question

My father left a registered will naming me as the sole heir to his house and bank accounts. Do I need a probate or a succession certificate? Specifically, I want to know how Indian Succession Act 1925, Section 213 applies to a situation like mine and what the property law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

What is the difference between a probate and a succession certificate? is governed in India primarily by Indian Succession Act 1925, Section 213, Indian Succession Act 1925, Section 372 and Indian Succession Act 1925, Section 57. Outcomes in probate of will disputes depend heavily on documentation, so check what you can actually evidence as you read.

Probate under Section 213 is a court-certified copy of a will granted to the executor, and in states like Maharashtra, West Bengal and parts of Tamil Nadu and Bihar covered under Section 57, probate is mandatory for wills of Hindus relating to immovable property within these presidency towns.

A succession certificate under Section 372 is issued by the district court to establish the right to collect debts and securities of a deceased person who died intestate, or in respect of movable assets, but it does not cover immovable property title.

For immovable property outside the presidency towns where probate is not mandatory, a registered will along with a legal heir certificate is often sufficient for mutation, though banks and some registries still ask for probate or letters of administration for high-value estates.

Applying for either document requires filing a petition before the district court or High Court with jurisdiction, publishing a citation inviting objections, and paying court fees typically calculated as a percentage of the estate value.

Where there is a dispute among heirs about the validity of the will, the probate court proceedings effectively become a full trial on the will's genuineness before probate is granted.

Practical steps: 1) Check whether the property is located in a jurisdiction where probate of a will is mandatory; 2) File a probate petition, or a succession certificate petition if there is no will, before the appropriate court; 3) Publish the required citation and address any objections raised by other heirs; 4) Use the granted probate or succession certificate to complete mutation, bank transfers or fixed deposit closures.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Indian Succession Act 1925, Section 213 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.