A succession certificate from the district court in India lets legal heirs collect a deceased person's bank deposits, shares and other debts. Heirs in Canada sign the petition affidavit or no-objection affidavits before a notary or lawyer, apostilled by Global Affairs Canada or the province. The court publishes notice and, if no objection is received, grants the certificate, which we present to each bank or company.
- Document route
- Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
- Time difference
- IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, winter) ahead
- Law
- Part X, Indian Succession Act 1925
- Court
- District Judge where the deceased lived
Succession Certificate from Canada: how it works
We list the assets with their approximate values, because court fee is charged as a percentage and the certificate covers only what is specified. The petition is filed in the court where the deceased lived. Every heir must be named, and each either joins or consents. We prepare affidavits for siblings in Canada and elsewhere so that they can be signed in one round, avoiding repeat couriers.
After a public notice period, the court hears the petition and grants the certificate, often within a few months if nobody objects. We then deal with each bank, depository and employer, who sometimes ask for additional indemnities. The money is credited to the heir's NRO account, and we assist with repatriation to Canada within the NRO limit, with Forms 15CA and 15CB.
What clients in Canada should know
- Ask the bank first whether the deceased had a nominee; a nominee can receive the funds, though the legal heirs still have the final claim.
- A succession certificate does not cover land or a house; those pass by inheritance and are recorded through mutation.
- Inheritance received in Canada is not taxed as income, but income it later earns is.
Step by step from Canada
Video consultation
A call at a time that suits Canada, after we have read your documents.
Documents signed in Canada
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Canada where needed.
The full guide
This page covers what changes when you are in Canada. For the law, the documents and the step-by-step procedure, read our main page on Succession Certificate, or see all services for clients in Canada and the Inheritance & Documents practice area.
Questions from clients in Canada
Does every sibling have to consent?
Yes. Each heir either joins the petition or files a no-objection affidavit.
Can I file the petition from Canada?
Yes. You sign the documents in Canada and we file and attend court in India.
How long does it take?
Usually three to six months if uncontested. An objection by a relative, or a missing heir who cannot be traced, adds time, so we check the family tree carefully before filing.