Succession Certificates in Kerala – Navigating Intestate Property Transfer

When a person dies without a will in Kerala, a Succession Certificate is crucial for legal heirs to claim movable assets (e.g., bank accounts) and, in some cases, immovable property rights like rent collection. This guide outlines the process and its significance in Kerala’s property law framework.

What is a Succession Certificate?

A Succession Certificate, issued by a civil court, validates an heir’s right to manage and claim the deceased’s financial assets. It’s governed by the Indian Succession Act, 1925, and is vital for:

• Accessing bank accounts or investments.
• Collecting dues from immovable property.
• Preventing disputes among heirs.

Application Process

1. File Petition: Submit a petition in the jurisdictional civil court with details of the deceased and assets.
2. Submit Documents:
   • Death certificate.
   • Legal Heir Certificate.
   • Proof of relationship (e.g., birth certificate).
   • Identity and address proof of the applicant.
   • Affidavit claiming heirship.
3. Court Hearings: Attend a preliminary hearing, followed by a public notice period for objections.
4. Issuance: The certificate is issued after 5–7 months, depending on court workload.
5. Cost: Fees are ~3% of the asset value, paid via judicial stamp papers.

Key Nuances in Kerala

• Immovable Property: While primarily for movable assets, the certificate can support claims for immovable property dues (e.g., rent). Property ownership transfer may require additional legal steps.
• Religious Laws: Succession follows the deceased’s religious laws (e.g., Hindu Succession Act for Hindus, Indian Succession Act for others).

Practical Tips

• Engage a lawyer for complex estates or disputes.
• Ensure all documents are accurate to avoid delays.
• Check court status via the Kerala e-District Portal.