Difference between Legal Heir Certificate and Succession Certificate

Legal heir certificate and succession certificate are entirely different.

If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession Certificate. This certificate can be used for the purpose of transferring Electricity connection, Telephone connection/Patta transfer, House Tax, Bank Account, Filing of IT Returns etc.

If the deceased person is a Government servant then the legal heir certificate is issued for approval of family pension, or to get appointments on concerned grounds. Legal Heir certificate is also provided for various other reasons as-well.

A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act.

Issues need to be known in the right perspective for both categories.

Who issues?: Legal Heir certificates are is issued by Tahsildar of the district to identify a particular deceased person living heirs and succession certificates are issued by the court to the legal heirs of a deceased person.

Who can apply?: Only legal heir can apply for succession certificate but in the case of legal heir certificate, son/daughter/husband/wife/parents of the dead person can apply.

Documents required: Required Documents to obtain succession certificates are death certificate of a dead person, time and place of death, the name of all legal heirs and relation with the dead person. Required Documents to obtain Legal Heir Certificate are Death certificate original, Identity Card, Ration Card, the name of Family members and relationship, an affidavit worth Rs. 20 on a stamp paper.

Fee: For succession certificate, three percentage or more or less % of total value of the property will be charged. To issue legal heir certificate Rs.2 for a stamp and 20r.s for stamp paper for affidavit will be there. Sometimes officials may ask for extra fee or additional fee for lawyers also will be there.

Time period: In the case of succession certificate a newspaper notice for 45 days is issued by the court. Any person having a problem with it can file oppositions. If the court doesn’t receive any objection, it will issue succession certificate. This process may take 5-7 months. 15 to 30 days are needed to issue legal heir certificate.

Importance: The succession certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of deceased. The legal certificate is used for gratuity, pension, insurance, PF, retirement claims etc.

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Hind Hope Society visions a society based on the rule of law in which every individual, including the poor, marginalized and excluded, in particular women, children, peoples with disabilities, adivasis, and dalits, have access to justice and in which their human rights are respected and protected.