How NRIs Can Avoid Legal Delays in Getting a Succession Certificate

Introduction

Those are the exact words that were spoken by Rajiv (name changed), a US-based NRI who contacted us after his father's Indian bank accounts had been frozen by a US government agency. I believe that he assumed that an email and a copy of the passport, as well as a copy of the death certificate, would suffice. But that wasn't the case.
To process the loan, the bank requested a succession certificate from an Indian court. As a result, a year-long ordeal, including incorrect documents, a rejected power of attorney, missed deadlines, and so on. By the time everything was finally in order, the funds were on the verge of being classified as unclaimed, and the family relationships had been severely strained by the whole process. Stay away from this.

Succession Certificate is Inviolable

A succession certificate has to be obtained from an Indian court when an individual dies without a Will in India in order to be able to transfer their movable assets, such as bank accounts, FDs, or shares. Due to distance, unfamiliar procedures, and legal requirements, this process is even more complicated for NRIs. In the event that you make a mistake or overlook something, you can lose valuable time, money, and peace of mind.

The 7 most common mistakes NRIs make

Believing that a nomination is sufficient
Many NRIs assume that if they are nominated on an account, the bank must release the funds to them.
Nominations are only valid for a temporary period of time. To ensure lawful ownership, legal heirs must obtain a succession certificate. A bank may freeze an account without this documentation, and it does so frequently.

Using an invalid Power of Attorney (POA)
One of the most common mistakes is to send a notarized POA from abroad without proper documentation.
Indian courts require a notarized power of attorney that has been apostilled or attested by the Indian consulate. Anything less will result in the submission being rejected, causing weeks or even months of corrections to be required.

Inconsistent or incomplete documentation
Documentation is the primary consideration for the court, not emotion.
Mismatched names, missing relationships, or incomplete asset information in your scanned copies can lead to objections, adjournments, or outright dismissals.

Ignoring Formal Consent from Others
Consent given verbally by siblings or relatives is not sufficient in most cases.
The legal heirs of each beneficiary must be provided with a Notarized No Objection Certificate (NOC). When the certificate is being issued in a contested case, the court may be able to delay or refuse issuance if the NOC is not provided.

Underestimating the timeliness of Indian courts
Some succession cases can take as long as 6 months to resolve.
Upon receiving a public notice, the court will allow 45 days for objections to be filed. The process of completing a project is prone to delays, which must be anticipated ahead of time.

Managing without legal expertise
Many NRIs rely on bank officials or relatives to handle legal formalities on their behalf.
Clients often come to us after they have already made serious mistakes in the process and come to us late in the process, after they have already made serious mistakes. Getting your claim settled in the Indian legal system is not an easy process—a single error can delay your claim for many years to come.

Ignoring FEMA and RBI Guidelines
Even after a certificate has been received successfully, it is important to handle funds carefully after they have been received.
The transfer or repatriation of inherited assets that do not follow RBI and FEMA norms can result in legal issues in your home country, such as penalties, frozen accounts, or legal complications.

Delay or guilt will cost you your rights

Closure and clarity are what you deserve, not lengthy court battles.
Having the right to access your inheritance should not result in unnecessary regret or frustration on your part.

Let Us Handle the Legal Burden

The firm of Adv. We at Sonia and Associates are passionate about helping NRIs from across the United States, the United Kingdom, Canada, the United Arab Emirates, and Singapore obtain succession certificates efficiently, legally, and with peace of mind.

We:

• Draft and file precise legal petitions

• Coordinate court appearances through a valid POA

• Manage bank correspondence and objection handling

• Ensure your documentation meets all legal requirements

Don't wait until it gets harder

We can be reached at +91 98459 44896 or by email at mail@lawyerersonia.com if you would like personalized legal advice. Throughout the process, we are dedicated to protecting your rights and securing your future.