Legal Heir Certificate or Succession Certificate In India

A legal document is required to determine the rightful heirs of a property, money, or bank account. These assets do not transfer automatically to the next person when a family member dies. It has two types in India: 

1. Legal Heir Certificate
2. Succession Certificate.

Most people are unaware of the difference between these two legal documents. In this blog, we'll explain the importance of both documents in simple terms so that you can identify which one you need.

What is a Legal Heir Certificate?

A legal heir certificate is a legal document that contains a list of all legal heirs of that particular family member who has died. It will help to prove which person is a legal heir so that they can claim things like:

1. Pension
2. Insurance
3. Government benefits
4. Property in the deceased person's name.

As an example, let's assume your father owned a house and passed away. Then, you can use your father's legal heir certificate to prove that you're his son and have the full right to the property. This legal document is usually considered when there is no significant dispute among family members.

What is a Succession Certificate?

A succession certificate is a legal document which will be issued by a civil court. The primary purpose of this document is to claim financial assets and claim money, such as:

1. Fixed deposits.
2. Bank accounts.
3. Shares and investments.
4. Money or loans owed to the deceased.

For example, let's assume your mother had some money in a bank account and didn't mention you as a nominee. The bank may ask you to show a succession certificate if you want to claim that money. Getting a succession certificate is a bit lengthier and takes more time. It also requires a visit to the court.

Difference between Legal Heir Certificate and Succession Certificate in India?

A Legal heir certificate can be used for simple matters like claiming a pension or transferring property. This document is issued by local government personnel, such as the Taluk Officer or the Tehsildar.

On the other hand, a succession certificate is used when money matters are involved, like a mutual fund or claiming a bank account. After verifying all the details and publishing a public notice, you'll get this document from a civil court.

Getting a legal heir certificate is faster and easier than getting a succession certificate because the process of issuing a succession certificate may require a lawyer and court fees.

Who Can Apply Legal Heir Certificate and Succession Certificate in India?

These documents can be applied by close family members like children, spouse, or parents of a particular person who has died. If you're an NRI and unable to visit India, you can give power of attorney to someone who will apply for these certificates on your behalf.

How to Apply Legal Heir Certificate and Succession Certificate in India?

To get a legal heir certificate, you need to do the following things:

1. Visit the local Taluk office or the Tehsildar office.
2. Fill out the application form.
3. Submit your documents like a death certificate, ID Proof and proof of relationship.
4. Wait for the approval of the certificates.

For a succession certificate, you need to do the following things:

1. Hire a family lawyer to file a case in district court.
2. Publish an article in the newspaper so you won't get any objections.
3. Attend the court hearings.
4. Wait for the issuance of the certificate.

Which One Should You Get?

A legal heir certificate is enough if you're involved in property transfers, government officials, or applying for a family pension. However, you need a succession certificate if you want to claim money from a financial institution or bank, and if there is no nominee.

Final Words

Legal heir and succession certificates are very important if you want to claim something that actually belongs to you after a family member's death. But these documents are required for different purposes, so first, you must understand which one can be used in your matter. Getting the proper certificate will save time and future problems. Still, if you're unsure which certificate you need to apply for, hire a professional lawyer.