Emergency Legal Support: +91 90070 00603 Chamber: 14 Hare Street, Kolkata 700001
Property Law

Succession Certificate Court Fee in West Bengal

Court fee for a succession certificate in West Bengal: ad valorem slabs under the Court-Fees Act, 1970, how the value is worked out, and what else you pay.

Succession certificate court fee in West Bengal

The court fee on a succession certificate in West Bengal is charged ad valorem, that is, on the value of the debts and securities you want the certificate to cover, under Article 11 of Schedule I to the West Bengal Court-Fees Act, 1970. It is not a flat fee, and it is not the same as the fee on a probate. The scale begins at two per cent on the first ten thousand rupees and rises in steps, so the fee grows with the size of the estate. Because the Schedule has been amended over the years, the exact figure should always be confirmed with the stamp reporter of the court before you purchase the stamps.

How the fee is worked out

The fee is computed on the amount or value of the debts and securities specified in the certificate, applying the slab rate to each slice of value rather than a single rate to the whole. If the certificate is later extended to cover more debts or securities already in being, a separate, higher set of rates applies to the extension under the same Article. The value taken is the amount of the debt including interest up to the date on which its inclusion in the certificate is applied for, and for a security it is the market value on that date, so far as it can be ascertained. This is why the fee is fixed at the time of the application and not at the date of death.

Two further points follow from this. First, the fee is not reduced by the debts the deceased owed; the certificate is charged on the money and securities to be collected, and the liabilities are settled out of the estate separately. Second, the fee is payable once for the assets specified, but if the court later permits the certificate to be amended to add a deposit that has come to light, a fresh fee is assessed on the additional value. It is therefore sensible to gather the particulars of every account and holding before the petition is filed.

The ad valorem slabs

For a certificate under the Indian Succession Act, 1925 the rates in Article 11 of Schedule I to the 1970 Act run on the following pattern for the debts and securities specified in the certificate.

Slice of valueRate
First 10,000 rupeesTwo per cent
Next 40,000 rupeesThree per cent
Next 50,000 rupeesFour per cent
Next 1,50,000 rupeesFive per cent
Further slices, as the amount risesHigher rates up to seven per cent

The table above is a reading of the statute and not a substitute for the court's own computation. Where the certificate is extended under section 376 of the Act, the rates are steeper still, rising in their own schedule. Confirm the current rates at the stamp reporter's window, because fee schedules are revised by amendment and a stale figure causes a deficit-fee objection.

It helps to see why the fee is structured this way. The court fee is, in effect, the price of the court's protection: it is the order of the court that lets a bank or a depository release the money without the risk that a later claimant will sue it. The higher the value the court is asked to protect, the higher the fee, which is why the rate climbs with the size of the estate instead of staying constant. For a small balance the fee is a few hundred rupees; for a substantial portfolio it can run into lakhs, and the difference is simply the value the certificate covers.

Worked illustrations

Applying the slabs to a few ordinary estate values shows how the arithmetic runs. These are illustrations of the statutory scale, not quotations.

Value of debts and securitiesIndicative fee
10,000 rupeesAbout 200 rupees
50,000 rupeesAbout 1,400 rupees
1,00,000 rupeesAbout 3,400 rupees
2,50,000 rupeesAbout 10,900 rupees

The figures are worked out by applying each slab rate to its own slice - two per cent on the first ten thousand, three per cent on the next forty thousand, and so on - and adding the parts. A larger estate crosses into the higher slabs and the effective rate creeps upward, which is why two families with very different balances can end up paying very different fees.

What the fee is charged on

Only the debts and securities that the certificate is asked to cover are valued. If the petition lists a fixed deposit of one bank, a savings balance in another and a small holding of shares, those are the items on which the fee is calculated. Immovable property is not included, because a succession certificate does not deal with land or buildings. Where a family is unsure of a balance, it may seek the certificate for the amounts it can prove and later apply to extend it, bearing in mind that the extension attracts the higher rates and a fresh fee.

Costs beyond the court fee

The court fee is the largest single item but not the only one. Add the cost of the newspaper publication that the court directs before granting the certificate, the charges for certified copies and the process fee for service of notice on the other heirs, the notary or affidavit expenses, and the professional fee of the advocate who drafts and argues the petition. There may also be a security bond under section 375 of the Indian Succession Act, 1925 in cases where the court requires it, which can involve stamp duty. Budget for all of these when you estimate the total outlay.

The publication itself is not free, and the newspaper's rate depends on its circulation and the length of the notice, while the court fixes how the notice must be published. Where the heirs live outside the district, the process fee for service by registered post or through the court's agency also adds up. None of these is large individually, but taken together they can approach the court fee on a modest estate, so a family should plan the whole outlay rather than discover it in stages.

Where and how the fee is paid in West Bengal

In West Bengal the fee is paid in court-fee stamps purchased for the value worked out, and the stamps are affixed to or tendered with the petition. For a petition filed on the Original Side of the Calcutta High Court or in the City Civil Court at Kolkata, and for a petition before the District Judge in the districts at Alipore, Barasat or the district headquarters, the mode of payment follows the practice of that court. Electronic payment and e-stamp facilities are increasingly available, and the registry will tell you what it accepts. Take the valuation statement with the petition, because an ad valorem fee requires the petitioner to show how the value was arrived at.

Avoiding a deficit-fee objection

The most common practical problem is underpayment, which the court can raise at any stage and which delays the grant until the shortfall is made good. To avoid it, list every debt and security you want covered, value each one correctly as on the date of the application, work the slabs carefully, and have the stamp reporter verify the figure before the petition is registered. If the court later finds the valuation wrong, it can require the difference to be paid before the matter proceeds.

There is a practical reason to value correctly beyond the fear of objection. Where the estate is expected to grow - a deposit nearing maturity, or a share transfer in process - it is better to state the present value accurately and extend the certificate later than to guess at a larger figure now. A petition whose valuation statement does not match the stamps tendered is returned at scrutiny, and it saves time to have the papers checked once by the stamp reporter before the petition is numbered.

Do you need a succession certificate at all?

Not everyone does. Where there is a valid will, the route is probate, and the fee then follows the probate scale, which differs from the succession certificate scale. Where the asset is held with a nomination in favour of the claimant, the institution may release it without a certificate. Where the only issue is naming the heirs for a pension or a land record, a revenue-issued legal heir certificate may be enough and far cheaper. Our note on the difference between a succession certificate and a legal heir certificate sets out how to choose, and if you also have to divide immovable property the separate fee scale for a partition suit will apply. For an estimate on your own papers, see our services.

Common questions

Frequently asked questions

What is the court fee for a succession certificate in West Bengal?
It is an ad valorem fee under Article 11 of Schedule I to the West Bengal Court-Fees Act, 1970, charged on the value of the debts and securities specified in the certificate. The scale begins at two per cent on the first ten thousand rupees and rises in slabs as the value increases.
Is the succession certificate fee a flat amount?
No. Unlike some fixed court fees, this one grows with the value of the estate. Each slice of value is charged at its own rate and the parts are added, so a larger estate attracts a larger fee and a higher effective rate.
Is the fee the same as the probate fee?
No. Probate of a will and grants of letters of administration follow a separate scale in Article 10 of Schedule I. A succession certificate under the Indian Succession Act, 1925 follows Article 11, and the two scales are different.
On what value is the court fee calculated?
On the debts and securities you ask the certificate to cover, valued as on the date of the application - a debt includes interest up to that date, and a security is taken at its market value on that date. Immovable property is not included, because a succession certificate does not cover land.
How do I avoid a deficit court fee objection?
List every debt and security, value each correctly as on the application date, work the slabs carefully, and have the stamp reporter verify the figure before the petition is registered. If the court later finds the fee short, it can stay the proceedings until the difference is paid.
Do I pay court fee again if the certificate is extended?
Yes. If the certificate is later extended under section 376 of the Indian Succession Act, 1925 to cover more debts or securities, the extension attracts a separate fee at higher rates under the same Article of the Schedule. Confirm the current rates at the stamp reporter\'s window.
Advocate Panchanand Shaw

Practising advocate, Calcutta High Court. Chamber at 14 Hare Street, opposite Bankshall Court, Kolkata 700001.

Share
Free first consultation

Not sure which court, or which section applies?

Tell me what happened and I will tell you what to file, where, and by when. The first conversation is free and confidential.

Need urgent legal advice? Chat with us.