Succession Certificate in India Obtained Entirely From the USA
Bank deposits, shares or dues of a deceased parent stuck in India? We obtain the succession certificate and follow up with each bank until the money is released to you. We act for clients across New Jersey, New York (Queens and Richmond Hill), the San Francisco Bay Area, California's Central Valley (Fresno and Yuba City), Houston, Dallas, Chicago and Atlanta, and everything below can be done without travelling to India.
- Succession certificate handled end to end, remotely
- Signing route: US notary + state Secretary of State apostille
- Best time to call: 7–9 am or 8–10 pm (local time)
- Chandigarh, Punjab & Haryana court practice
- No travel to India needed in most cases
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Succession certificate from the USA: how it works, step by step
When a parent or relative in India passes away, banks, companies and registries usually ask for a succession certificate or legal heir proof before they release anything. Here is how we get it done for USA-based heirs.
- Check what each institution asks for: Banks, demat accounts, provident fund and property each have different rules. We list what is needed before filing anything. Best time for calls: 7–9 am or 8–10 pm (local time).
- Consent of other heirs: If other heirs agree, their no-objection affidavits make the case faster. We arrange signing for heirs in India and abroad. The signing route is in the table below.
- Petition in the district court: We file the petition where the deceased ordinarily lived, through your Special Power of Attorney.
- Public notice and hearing: The court publishes a notice. If nobody objects, the certificate is usually granted after that period.
- Release of assets: We submit the certificate to each bank and institution and follow up until the money or shares are transferred.
USA at a glance
| Time difference | India is 9.5–12.5 h ahead (varies by state and season) |
|---|---|
| Best time for calls | 7–9 am or 8–10 pm (local time) |
| How documents are signed | US notary + state Secretary of State apostille |
| Indian missions | Embassy of India, Washington DC; Consulates General in New York, San Francisco, Chicago, Houston and Atlanta |
| Tax treaty with India | Yes, India–USA tax treaty |
| Money decrees enforceable in India (S. 44A CPC) | No, a fresh suit on the US judgment is needed |
Signing documents in the USA
In the USA, you sign our draft in front of a US notary public in your own state. The notarised document is then apostilled by that state's Secretary of State, which India accepts because both countries are members of the Hague Apostille Convention. If a sub-registrar or bank asks for consular attestation instead, the Embassy of India in Washington DC and the Consulates General in New York, San Francisco, Chicago, Houston and Atlanta handle it by jurisdiction. Either way, we check the draft line by line before you book the notary.
Calls, updates and hearings across the time difference
India is 9.5 hours ahead of New York and 12.5 hours ahead of California (one hour less in US summer time). That makes your early morning or late evening the overlap with Indian court hours. We fix calls at 7–9 am or 8–10 pm US time, keep a written log of every hearing in your inbox, and avoid the classic problem of an American client waiting days for an update from India.
Bank asking for a succession certificate? We file the petition in India while you stay in the USA.
Tax and money rules for USA-based clients
US citizens and green-card holders are taxed on worldwide income, so a sale, rent or inheritance in India usually has to be reported in the US as well. Indian bank accounts may also trigger FBAR and FATCA reporting. The India–USA tax treaty helps you claim credit for Indian tax, but only if the Indian paperwork is in order. We work alongside your CPA and route proceeds from your NRO account with Form 15CA/15CB, within the RBI cap of USD 1 million per financial year.
Will an order from the USA be recognised in India?
The USA is not a notified reciprocating territory under Section 44A of the Code of Civil Procedure. An American money judgment cannot be executed in India directly; a fresh suit is filed in India on the basis of that judgment, and the Indian court examines it under Section 13 CPC. US divorce decrees are likewise examined against Indian matrimonial law before they are relied on in India.
Succession certificate problems we see from the USA
A large share of our US clients are second-generation owners in New Jersey or California whose parents bought property in India in the 1980s and 1990s. Typical problems are an old General Power of Attorney still being used by a relative, a plot sold twice on forged papers, or a parent's house occupied by a caretaker. Distance and the time difference are exactly what these people rely on, so we move fast on records and notices.
We act for clients across New Jersey, New York (Queens and Richmond Hill), the San Francisco Bay Area, California's Central Valley (Fresno and Yuba City), Houston, Dallas, Chicago and Atlanta. The situations that come up most often are:
- A parent's fixed deposits in India are frozen because there was no nominee.
- Shares or mutual funds need to be transferred to heirs living in the USA.
- Siblings in India and in the USA disagree on who should receive the money.
What to carry when you sign in the USA
Take your passport, a US driver's licence or state ID, and your green card or visa if you are not a US citizen.
What to send us first
- Death certificate
- Details of bank accounts, shares or other debts
- Legal heir details and their addresses
- Your passport and address proof in the USA
Do not have all of these? Send what you have. Most cases start with one document and a short call.
Lost a parent and their accounts are frozen? Share the details and get the fastest legal route.
Succession certificate law in brief
Each topic below links to the full explanation in our main guide.
- Why This Trips Up So Many USA-Based NRI Families
- Succession Certificate vs Legal Heir Certificate vs Probate
- Who Can Apply From the USA
- The Petition Process, Step by Step
- Doing It Entirely From the USA via Power of Attorney
- Releasing Bank Accounts, Shares & Fixed Deposits
- Repatriating Inherited Funds Back to the USA
Will, nominee or succession certificate — get clarity on what your case needs before you travel.
Why Choose Advocate Naresh Kalra
20+ Years of Estate & Succession Advisory
Led by Advocate Naresh Kalra, an MCA + LLB litigator whose team has guided NRI families through succession petitions, legal heir matters, and probate for over two decades.
Built Around US Time Zones
Evening and weekend consultation slots timed for Pacific, Central, and Eastern schedules, so calls and hearing updates never require you to step out of your work day.
The Right Document, the First Time
We identify whether you need a succession certificate, a legal heir certificate, or probate before you file anything — avoiding months lost applying for the wrong instrument.
Bank-by-Bank Release Coordination
Beyond getting the certificate granted, we follow through with each bank until accounts are actually released — not just handed a court order and left to figure out the rest.
A succession certificate is usually one step toward closing an estate and moving funds back to the USA. For the POA mechanics, see our Power of Attorney for India from the USA page, and for repatriation, our repatriation of funds for NRIs guide. For the full range of matters we handle, visit our NRI legal services for the USA hub, or the pan-India succession certificate for NRIs page.
Still have a question about a succession certificate? Ask our team directly — free first consultation.
Frequently Asked Questions (FAQs)
Do I need to travel to India from the USA for my succession certificate matter?
Usually not. Most US clients never need to travel. When a personal appearance cannot be avoided, we plan it around one date, line up every signature and appearance for that week, and use non-stop flights to Delhi from New York, Newark, Chicago or San Francisco. OCI cardholders can attend without a visa; US passport holders without OCI need an Indian visa, which we factor into the timeline.
Is a Power of Attorney or affidavit signed in the USA valid in India?
Yes. The USA is a member of the Hague Apostille Convention. The usual route is: uS notary + state Secretary of State apostille. India accepts that apostille without a further embassy visit. Once it reaches India, it must be stamped within three months of arrival, and for property work it should name the property and the exact powers given.
How long does a succession certificate take when the heir lives in the USA?
If no one objects, the court process usually takes a few months, mainly because of the public notice period. Living in the USA does not slow it down much, because you are represented through a Power of Attorney and affidavits.
Which Indian embassy or consulate serves the USA?
Embassy of India, Washington DC; Consulates General in New York, San Francisco, Chicago, Houston and Atlanta. For most succession certificate work you will not need to visit; we tell you in advance whether an appointment is needed. Always confirm current appointment rules on the mission's official website before you go.
How does the Power of Attorney I sign in the USA actually work for this?
You sign before a commissioned Notary Public in your US state, obtain a Hague Apostille from that state's Secretary of State, and courier the original to your attorney-in-fact in India, who files the petition and collects the certificate. Full mechanics are on our Power of Attorney for India from the USA page.
Do you offer a free legal consultation for USA-based NRI clients?
Yes. Contact Mr. Harish Tiwari from the Naresh Kalra Legal Team at +91-9815580037, or use the form on this page, to discuss your family's situation and schedule your initial free consultation at a time that works for your US time zone.
