The succession certificate cost in Delhi has three main parts: the court fee, the advocate’s fee and small expenses such as notice publication, affidavits and stamps. The court fee is calculated on the debts and securities listed in the certificate, such as bank deposits and shares, not on the value of the whole estate. The lawyer’s fee is not fixed by law and depends on the number of heirs, the assets and whether anyone objects.
Key takeaways
- A succession certificate under Part X of the Indian Succession Act, 1925 covers debts and securities, so the court fee is based on those assets.
- The advocate’s fee is not fixed by law; it depends on the assets, number of heirs and any objections.
- Other costs include newspaper publication of the notice, affidavits, stamps and any security the court asks for.
- Listing fewer assets lowers the fee, but adding more later needs an extension of the certificate.
- Always confirm the current court-fee rate with the district court before filing.
In this guide
What makes up the cost
| Cost item | Basis |
|---|---|
| Court fee | Percentage of the debts and securities listed, under Schedule I of the Court Fees Act, 1870 as applicable in Delhi |
| Advocate’s fee | Agreed in writing; depends on assets, number of heirs and objections |
| Newspaper publication | The court directs a notice to be published; charges depend on the newspaper |
| Affidavits, stamp papers and certified copies | Small, per document |
| Welfare stamp on vakalatnama | Under the Delhi Advocates Welfare Fund Rules; ₹25 after the 2019 amendment |
| Security bond (if required) | The court may ask the applicant for security before granting the certificate |
For the full process, read our guide to succession certificate in Delhi.
How the court fee is calculated
A succession certificate is issued under Part X of the Indian Succession Act, 1925 and deals with debts and securities of the deceased. Examples are bank deposits, fixed deposits, shares, insurance dues and provident fund balances. Immovable property, such as a house, is dealt with separately, usually through probate, letters of administration or mutation. So the house is not part of the court-fee calculation for a succession certificate.
The fee is ad valorem, meaning it is a percentage of the value. Under the Court Fees Act text, a debt is valued at its amount, including interest up to the date the certificate is applied for where it can be worked out, and a security is valued at its market value on that date. Fee = applicable rate × total value of the debts and securities listed.
The Court Fees Act, 1870 provides 2.5% on debts and securities specified in the certificate (Section 374) and 4% where the certificate is extended to further debts or securities (Section 376). Delhi amended Schedule I in 2012, and other websites quote different rates, including 3%. Rates are revised from time to time, so confirm the rate your district court’s registry applies before you file.
As an illustration of the arithmetic, the table below applies the Act’s two rates to different values of listed debts and securities. Use the rate confirmed by the court registry for your own calculation.
| Debts and securities listed | Fee at 2.5% (Section 374) | Fee at 4% (extension, Section 376) |
|---|---|---|
| ₹1,00,000 | ₹2,500 | ₹4,000 |
| ₹5,00,000 | ₹12,500 | ₹20,000 |
| ₹10,00,000 | ₹25,000 | ₹40,000 |
| ₹25,00,000 | ₹62,500 | ₹1,00,000 |
Lawyer fee models
No statute fixes the advocate’s fee for a succession certificate. Common models are a fixed fee for the application, a stage-wise fee (drafting, notice, hearings, issue of certificate), or a fee plus charges for each contested date. A fee cannot be made contingent on the result under the Bar Council of India Rules. Ask for a written fee agreement that says whether objections, extension of the certificate and certified copies are included. Our guide on lawyer fees in Delhi explains how fee structures work.
Documents that affect cost and time
- Death certificate of the deceased.
- Proof of the applicant’s relationship with the deceased and details of the other legal heirs.
- A list of the debts and securities to be covered, with account numbers or folio details.
- Identity and address proof of the applicant.
- Affidavits, and no-objection statements from other heirs where available.
Written consent from the other heirs reduces the chance of objections, which usually means fewer hearings and lower cost.
Cost of extending a certificate
If you later find another account or security that the certificate does not cover, Section 376 allows an extension, and the fee on the added debts or securities is payable again. It is cheaper to identify all the assets you need to claim before you file. At the same time, do not add assets you do not intend to claim, because the fee rises with the listed value.
When you may not need a certificate
Some banks and insurers release a balance to a registered nominee, or on documents such as an indemnity bond and a legal heir certificate, especially for smaller amounts. A nominee may hold the money on behalf of the legal heirs, and policies vary between institutions, so check with the bank, insurer or employer first. A will, if there is one, is dealt with through probate, not a succession certificate. See our guide on how to make a will in Delhi.
How to keep costs down
- List all the debts and securities you actually need to claim, and no more.
- Get the other heirs’ written consent early.
- Keep bank statements, FD receipts and share details ready.
- Confirm the current court-fee rate with the registry before drawing a demand draft or stamp.
- Agree the lawyer’s fee scope in writing and ask for receipts.
How a lawyer helps
A civil lawyer in Delhi prepares the petition, lists the assets correctly, handles the notice and publication, and appears if anyone objects. For disputes among heirs, see our property dispute lawyer in Delhi page.
For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
What is the court fee for a succession certificate in Delhi?
It is an ad valorem fee on the debts and securities named in the certificate, under Schedule I of the Court Fees Act, 1870 as applied in Delhi. Sources quote the rate differently, so confirm the current rate with the district court before filing.
Is the court fee charged on the value of the house?
No. A succession certificate under Part X of the Indian Succession Act deals with debts and securities such as bank deposits and shares. Immovable property is dealt with differently, usually through probate, letters of administration or mutation in the property records.
How much do lawyers charge for a succession certificate in Delhi?
There is no fixed scale. The fee depends on the assets, the number of heirs and whether anyone objects. Many advocates quote a fixed fee for the application or a stage-wise fee. Ask for the scope in writing, including objections and any extension.
Can I reduce the court fee if there is only a small bank balance?
The court fee depends on the value of the debts and securities listed, so a shorter list costs less. List every asset you intend to claim, because adding more later needs an extension under Section 376 and a further fee on the added assets.
Who pays the cost of a succession certificate?
The applicant, usually one legal heir, pays the court fee and the lawyer upfront. How the cost is shared among the heirs is for them to agree. It is sensible to record that agreement in writing before the petition is filed.
Do I need a certificate for a nominee account?
Not always. Many institutions pay a registered nominee, though the nominee may hold the money for the legal heirs. Policies differ, so check with the bank, insurer or employer before spending on a petition.
Conclusion
The succession certificate cost in Delhi depends mainly on the value of the debts and securities listed and the advocate’s fee. Confirm the court-fee rate with the registry, list assets carefully and agree the lawyer’s scope in writing.
Related guides and services
- Civil Lawyer in Delhi
- Property Dispute Lawyer in Delhi
- Money Recovery Lawyer in Delhi
- Succession certificate in Delhi
- How to make a will in Delhi
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or info@srlmlaw.com. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
