The death of a loved one is perhaps one of the most difficult phases in one’s life, and while dealing with such emotional loss, their family has to deal with the financial and legal aspects associated with it. One of the most important legal steps involves the transfer of property belonging to the deceased to the rightful heirs. The most typical documents used for this purpose in India are the Legal Heir Certificate and Succession Certificate.
Though both documents identify the right heirs of a deceased person, they have different legal purposes. People usually confuse the. This article, therefore, explains in detail what the certificates entail, what they are used for, who can apply for them, how to obtain them, and mainly the differences between these two.
What is a Legal Heir Certificate?
A legal heir certificate is an important certificate issued regarding the legal heirs of a deceased person. Generally, this type of certificate is issued by the local revenue authorities like the Tahsildar, Municipality, and District Civil Court, depending on the state or region.
This certificate mainly lists the next-of-kin of the deceased so that they can claim the benefits, dues, and assets left by the deceased.
Legal Heir Certificate: Its scope and Uses
Legal heir certificates are mainly essential for simple purposes relating to the deceased estate with the government. Here are some common uses:
• Transfer electric, telephone, house tax, or other utility services in the name of an heir.
• Claim the family pension of the deceased government employee.
• Make insurance claims.
• To claim the monthly salary or arrears of salary of a deceased person.
• Transfer movable and immovable properties like bank accounts, vehicles, flats, etc.
• Government employment related to death benefits.
• In some cases, it is required to withdraw money from the deceased person’s bank accounts.
However, it’s important to note that this certificate cannot be used for debt or securities-related claims. For that, a Succession Certificate is needed.
Who can apply for a Legal Heir Certificate?
Not all relatives of the deceased can apply for a Legal Heir Certificate. Only the following members of the family can apply:
- Spouse (husband or wife)
- Children (son and daughter)
- Parents of the deceased
- Siblings (brothers and sisters, in some circumstances)
The person has to be a legal heir and, possibly, required in some cases to obtain a No Objection Certificate (NOC) from other legal heirs.
Documents Needed for Legal Heir Certificate
A few documents would need to be submitted when applying for a Legal Heir Certificate, which include:
• Application form
• Death certificate of the deceased
• Identity proof of the applicant (Aadhar, Voter ID, etc.)
• Proof of residence
• Proof of date of birth of all heirs
• Self-undertaking or affidavit
• Ration card or any government-issued family ID
• Proof of relationship with the deceased.
The exact list may vary state-wise.
Process to Apply for a Legal Heir Certificate
Here is a simple step-by-step guide to getting a Legal Heir Certificate:
- Visit your local revenue office or apply through the online portal, if available in your state.
- Fill out the application form and attach all your documents.
- Local officers conduct the verification process and may visit the applicant’s home or interview neighbours.
- The certificate will be issued within 15 to 30 days after the verification.
What is the Succession Certificate?
The succession certificate is a legal document that a civil court issues, providing the legal heir the capacity to recover the debts and securities of the deceased and other items with respect to the deceased individual. The certificate will mainly be used for an intestate person’s claim wherein a person died without leaving behind a will, and there were claims of movable assets like bank deposits, mutual funds, shares, fixed deposits, etc.
Succession Certificate: Its Scope and Uses
The Succession Certificate is used mainly for financial and legal matters involving:
- The deceased’s money or securities debts
- Claims on shares, mutual funds, FDs, and bonds
- Gathering bank balances in savings funds and fixed deposit accounts
- Dealing with investments made in the deceased’s name
- Appointment of a nominee in the absence of the will
- Filing or defending a case on behalf of the deceased
This certificate gives the applicant legal authority to act on behalf of the estate of the deceased for movable property.
Who can Apply for a Succession Certificate?
The Succession Certificate is generally given to:
Class-I legal heirs, usually including –
- Spouse
- Children
- Parents
In case there are no living Class-I heirs, then the Class-II heirs may file (like siblings, etc). An interested person could be any person who wishes to claim some right or share in the deceased person’s movable assets.
Documents Required for Succession Certificate
Below is a general list of documents that might be required:
- Application petition for it (in which the name of the deceased with details of family and residence, etc., should be given)
- Death certificate of the deceased
- Identity proof and address proof of the applicant
- Claims or details of the debts or securities concerned
- No-objection certificates from other legal heirs if necessary
- Court fee- This varies from state to state and according to the worth of the assets.
Process to Apply for a Succession Certificate
The following provides an overview of the process for applying for a succession certificate:
1. Accompany the petition to the district civil court of the deceased person.
2. The petition must include:
- Date of death
- Details of legal heirs
- Relationship of legal heirs to the deceased
- Description of debts/securities
3. The court will issue notice through newspaper invitations for objections from the public.
4. In case no objections arise and the court is satisfied, it shall pass an order with respect to the certificate.
5. This period may range from two to six months according to the complexity of the case and the objections (if any).
Differences Between Legal Heir Certificate and Succession Certificate
| Feature | Legal Heir Certificate | Succession Certificate |
| Issuing Authority | Local Revenue Authorities (Tahsildar, etc.) | Civil Court |
| Purpose | Proving the relationship with the deceased | Claiming debts and securities |
| Applicable For | General claims, government benefits | Bank balances, shares, FDs, investments |
| Legal Validity | Recognition by government departments | Recognition by banks, financial institutions |
| Who Can Apply | Class-I heirs (spouse, children, parents) | Class I or legal claimants |
| Time to Get | 2 to 4 weeks (approx.) | 2 to 6 months or more |
| Objection Process | Usually not applicable | Public notice and waiting period for objections |
| Involves Court Proceedings | No | Yes |
| Transfer of Immovable Property | Yes (with supporting documents) | Not typically used for immovable property |
| Required for Bank/Investments | Sometimes accepted | Mandatory for many banks/institutions |
Secure Legal Heir or Succession Certificate with Investorlink
Legal processes associated with death can prove to be very confusing and cumbersome. Investorlink is here to make it easy.
Here is how Investorlink can help:
• Guidance on the correct certificate: We can determine whether you need a Legal Heir Certificate or a Succession Certificate based on your case.
• Collection and uploading of all the required documents to avoid future rejections or delays.
• From Online file uploads to all hearings and appearances in the court for the Succession Certificate, take care of the entire process.
• Legal assistance: If disputes have arisen over the case or it involves multiple claimants, we connect you with veteran legal experts.
• Timely updates: We brief you at every stage and help you respond to notices or objections if they come by.
Investorlink guarantees a smooth and much more adjusted experience than taking the alternative route and enhances the speed factor in what would have been a generally stressful experience.
To Wrap Up
The Legal Heir Certificate and Succession certificates are pivotal in the transfer of the property of the deceased persons. However, each serves a different legal purpose. So, it becomes necessary to understand the differences so that one does not get delayed or complicated with the legal process.
The Legal Heir Certificate is almost sufficient for the basic asset transfer and government purposes, while the Succession Certificate is only relevant in cases of financial and legal claims involving money or securities. Knowing when and in what manner to apply for each, while seeking expert help, if necessary, can save a lot of time and struggle.
If you’re uncertain of which certificate you need or how to obtain one, Investorlink will be there to guide you every step of the way.
Frequently Asked Questions (FAQs)
A Legal Heir Certificate is a government document issued to identify the heirs of a deceased person. Some local authorities, such as the Tahsildar, Municipality, or District Civil Court, grant the certificate. The Legal Heir Certificate would help in the identification of the rightful heirs to the deceased so that they can claim different properties, such as pensions, life insurance, and utility services, transferable like electricity service and water service. It helps to further ensure the transfer of such property and assets of the deceased to their lawful heirs.
The Legal Heir Certificate has several important uses for the heirs of a deceased individual. It helps in establishing the relationship of the deceased with the heirs for the claiming of benefits, which are government pensions, insurance claims, and the transfer of property. It also assists in the transfer of utility services, bank accounts, and other personal properties. This certificate is required when the heirs are supposed to present their claims on the estate of the deceased in legal and official procedures.
No, a Legal Heir Certificate cannot be used to claim debts, securities, or financial assets such as bank deposit(s), share(s), or bond(s). In such cases, a claim for a Succession Certificate is required. The Legal Heir Certificate is meant for the transfer of assets or other government benefits, but it does not constitute a power to recover debts or resolve complex financial matters that can be adjudged only by a financial institution or court.
When the deceased has left behind movable assets like bank deposits, mutual funds, shares, fixed deposits, or bonds, a Succession Certificate is required, in case he did not leave a valid will. This certificate empowers the legal heirs to collect these movable assets, to pay off debts, and to settle the financial matters. It is the crucial legal document required in cases when financial institutions or debtors seek reassurance that the person who claims the assets is entitled to do so legally.
The procedure for applying for a Succession Certificate involves the filing of a petition before the district civil court of the place where the deceased person resided. The petition must contain particulars regarding the date of death of the deceased person, a list of legitimate heirs, and assets claimed. The court shall put up a public notice in a local newspaper inviting objections. In the absence of any objection, the court would pass an order granting the certificate, and this entire process could range from 2 to 6 months, taking into consideration the complications of the case.
Typically, a Succession Certificate can be obtained within the range of 2-6 months. However, various factors affect the duration of succession processing, including the complexity of the case, objections raised by other heirs or third parties, and the speed with which the court processes the petition. If everything is straightforward and there are no objections, it could also go fast.
The key differences between the two certificates lie in their purpose and application. A Legal Heir Certificate is issued by local authorities and is used for general asset transfers, such as utility services and government pensions. In contrast, a Succession Certificate is issued by a civil court and is required to claim debts, securities, and financial assets like bank accounts, shares, or bonds. The Legal Heir Certificate is quicker to obtain, while the Succession Certificate requires a lengthier legal process.
Legally, a Legal Heir Certificate is applicable in the transfer of immovable property like land or buildings; however, that is usually only when such action is supported by other documents required for that purpose, including the deceased’s will, title deeds to the property, or all forms of proof of ownership. This Legal Heir Certificate establishes the heirs; however, for any legal transfer of property, one would generally be required to produce further documents.
Where multiple applications for a Legal Heir Certificate are made, the authorities may ask all applicants to submit a No Objection Certificate from other legal heirs to confirm their concurrence regarding such application. The issue may then have to be resolved through the legal system if disputes arise, which may further delay the issuance of the certificate.
Court intervention is generally not required for the process of obtaining a Legal Heir Certificate. The certificate is issued by the local authorities who satisfy themselves as to the relationship between the deceased and the applicants. Court intervention may become necessary only if such heirs are in dispute with each other or if the situation requires another legal process.
Investorlink further supports applicants in securing a Succession Certificate. They file the petition in the district court, deal with the prescribed documents, and pursue the case till the granting of the certificate. If disputes arise, Investorlink will refer you to legal professionals for assistance.
Investorlink makes the process simple by providing expert guidance, assisting in determining whether a Legal Heir or Succession Certificate is needed, and assisting in document gathering. They do the filing, follow-up, and legal formalities to give you a hassle-free experience. If disputes arise, Investorlink will provide legal assistance and ensure the matter is settled promptly without any undue delay.
Related Blog: How to Get a Legal Heir Certificate in India?