When a Joint Petitioner in a Succession Certificate Case Dies After Executing a Will — The Telangana Position

A common situation arises in Telangana when five members of a family jointly file an application for a succession certificate, and before the certificate is granted, one of the applicants passes away. During her lifetime, that member had already executed a Will deed in favour of the other members. The pressing question for the surviving applicants is: what is the procedure now? Does the petition continue, and how does the Will change the outcome?

Governing Framework Under the Indian Succession Act, 1925

The grant of succession certificates in Telangana is governed by Part X of the Indian Succession Act, 1925, covering Sections 370–390. Key provisions include:

• Section 372 — the applicant must file a petition before the District Judge within whose jurisdiction the deceased ordinarily resided or where any part of the property is found 2018 0 Supreme(All) 835.
• The petition must state the time of death, details of family members or other relatives, and the right in which the petitioner claims.
• Section 384 provides an appeal against orders granting or refusing a certificate 2018 0 Supreme(All) 835.

A succession certificate is issuable only in respect of debts or securities payable to the deceased — it cannot cover, for instance, compensation amounts awarded in land acquisition or motor accident claims, which are treated separately 2023 0 Supreme(AP) 1411.

What Happens When One of the Five Applicants Dies During the Proceedings

When one of the joint applicants dies while the succession petition is pending, the proceedings do not abate automatically. The established position is:

• The legal heirs or representatives of the deceased applicant must be impleaded as parties so the petition can continue 2002 0 Supreme(AP) 1278.
• The surviving applicants should file a petition to bring the deceased applicant's legal representatives on record, placing on record her death certificate and the Will executed by her.

Effect of the Will Deed Executed in Favour of the Other Members

Here the position becomes more nuanced. A testamentary disposition governs how the deceased member's share in the debt or security devolves:

• If the deceased validly bequeathed her share to the other members, the beneficiaries under the Will step into her shoes to the extent of that share.
• The Will must be proved in accordance with law — courts have rejected Wills that were not duly proved 2021 0 Supreme(MP) 313.
• Importantly, a person claiming under a Will cannot automatically override a Class I heir under the Hindu Succession Act, 1956, Section 8, where the entitlement of heirs is in dispute 2021 0 Supreme(MP) 313.

Note also that a nominee or beneficiary's right is limited: nomination does not confer beneficial interest, and amounts payable become part of the deceased's estate to be distributed per the law of succession 2015 0 Supreme(Tri) 69 and 1983 0 Supreme(SC) 404 and 2015 0 Supreme(AP) 946. A beneficiary under a Will holds the amount for distribution as per entitlement — the holder of a certificate does not become the owner of the property; the certificate is granted for a limited purpose and does not decide title 2008 4 Supreme 415.

Procedural Steps in Telangana

A practical roadmap for the surviving four members:

1. File an impleading petition joining the legal heirs of the deceased applicant (or the beneficiaries under the Will, where her share devolves on them).
2. Produce the Will deed before the court along with the death certificate. Depending on contest, propounding the Will may require examining attesting witnesses.
3. Adjust the court fee — where the debt or security is distributable among several persons, each claimant pays the fee on their respective share, not the entire amount 2023 0 Supreme(AP) 518.
4. Obtain the certificate; once granted, it is conclusive proof of the legal representative's status and cannot be questioned in execution proceedings 2002 0 Supreme(AP) 1278.

Relation to Family Member Certificates and Mutation in Telangana

Distinct from the court-issued succession certificate, revenue authorities in Telangana issue Family Member Certificates through the Tahsildar, and mutation of pattadar passbooks is governed by the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 — under Rule 7, a joint application by all family members/legal heirs is required for succession mutation 2026 Supreme(Online)(Tel) 17627. Litigants have argued that a Family Member Certificate is equivalent to a succession certificate for withdrawing compensation 2025 Supreme(Online)(Tel) 71854, but for debts and securities, the court-issued certificate remains the standard instrument.

Key Takeaways

• Death of one of five joint applicants does not derail the petition — implead her legal heirs or the Will beneficiaries and continue.
• A Will executed during her lifetime governs her share, provided it is proved according to law.
• The certificate confers the right to collect debts and securities, not ownership; distribution among heirs follows substantive succession law.
• For land records, the Telangana mutation route under the Bhu Bharati Rules runs parallel to, and distinct from, the court certificate process.

Since facts vary — especially regarding proof of the Will and competing heirs — it is generally advisable to have the specific documents reviewed by a qualified advocate before proceeding.