Legal Heir Certificate vs. Succession Certificate: Understanding the Differences

Two critical documents often come into play: the legal heir certificate and the succession certificate in inheritance and succession. Many people think these certificates serve the same purpose, but they differ significantly in terms of their functions, purposes and the authorities that issue them. 

Understanding these differences is essential for ensuring the smooth transfer of assets and resolving any legal issues that may arise following a person’s death.

Succession Certificate – An Overview

A succession certificate is a document issued by a court to the legal heirs of a deceased person, granting them the authority to inherit the deceased’s movable assets, such as bank balances, securities and debts. The succession certificate serves as conclusive evidence of the deceased person’s successor, ensuring that the legal heir can manage and transfer the deceased’s assets and liabilities.

Key Points of a Succession Certificate

1. Issuing Authority: The succession certificate is issued by a District Judge under Section 381 of the Indian Succession Act, 1925.
2. Purpose: It facilitates the transfer of movable property and helps the heirs manage the deceased’s debts.
3. Applicability: It is necessary for inheriting bank accounts, bonds, securities and other financial assets.
4. Legal Requirement: It is mandatory for transferring movable assets when there is no will or nomination.

Obtaining a Succession Certificate

To obtain a succession certificate, an application must be filed with the appropriate court, typically the court with jurisdiction over the area where the deceased resided. The application should include details such as the names and addresses of the deceased and the legal heirs, a description of the assets and the relationship of the heirs to the deceased. The court will then issue a public notice to invite any objections. If no objections are received, the court will grant the succession certificate.

Legal Heir Certificate – An Overview

A legal heir certificate is a document that identifies the legal heirs of a deceased person. This certificate is primarily used to establish the relationship of the heirs to the deceased and is essential for claiming various benefits such as insurance, pensions and other entitlements that the deceased was eligible for during their lifetime.

Key Points of a Legal Heir Certificate

1. Issuing Authority: The legal heir certificate is issued by the local tehsildar, talukdar or other designated authority such as the district revenue officer or municipality administrative officer.
2. Purpose: It is used to claim the deceased’s entitlements like family pensions, gratuity, provident funds and to facilitate the transfer of property and assets in family law.
3. Applicability: It is necessary for legal heirs to claim benefits and transfer immovable property.
4. Legal Requirement: It is required for claiming the deceased’s benefits but not for transferring movable property.

Obtaining a Legal Heir Certificate

To obtain a legal heir certificate, the applicant must approach the regional administrative officer or the local municipality. The application should include the death certificate of the deceased, the names and addresses of the legal heirs and proof of relationship with the deceased. The concerned authority will verify the details and issue the legal heir certificate.

Legal Heir Certificate vs. Succession Certificate

Despite their overlapping purposes, there are several important differences between legal heir certificates and succession certificates.

Purpose

• Succession Certificate: Primarily used for the transfer of movable property and to manage the deceased’s debts and securities.
• Legal Heir Certificate: Used to claim benefits like pensions, insurance and to facilitate the transfer of immovable property and assets.

Applicant Eligibility

• Succession Certificate: Only the deceased’s heirs, such as children or grandchildren, can apply.
• Legal Heir Certificate: The deceased’s parents, spouse, children or siblings can apply.

Issuing Authority

• Succession Certificate: Issued by the District Judge.
• Legal Heir Certificate: Issued by the district revenue officer, municipality administrative officer or other designated local authority.

Conclusive Evidence

• Succession Certificate: Provides conclusive evidence of the legal heirship for movable property under the Indian Succession Act of 1925.
• Legal Heir Certificate: Does not serve as conclusive evidence for movable property but is used for claiming benefits and transferring immovable property.

Term of Allotment

• Succession Certificate: The process may take up to two months as it requires a public notice and invites objections.
• Legal Heir Certificate: Typically issued within ten to fifteen days, depending on the verification process.

Subsidiary Documents

• Succession Certificate: Necessary for transferring or inheriting movable property.
• Legal Heir Certificate: Used as a subsidiary document to claim legal heirship for transferring immovable property.

Example Cases

1. Case of Movable Assets:
   • If the deceased had a significant bank balance, securities or had loaned money to an individual, the legal heirs would need a Succession Certificate to claim these assets and manage the deceased’s debts.
2. Case of Immovable Property:
   • If the deceased had a house or land, the legal heirs would need a Legal Heir Certificate to transfer the property and claim any entitlements such as family pensions or unpaid salary arrears.

Here’s a table summarising the differences between legal heir certificates and succession certificates:

Conclusion

Understanding the differences between legal heir certificates and succession certificates is important for the smooth transfer of assets and management of the deceased’s estate. While both documents serve to protect the rights and obligations of the deceased’s heirs, they are used in different contexts and issued by different authorities. 

The succession certificate is essential for managing movable assets and debts, whereas the legal heir certificate is necessary for claiming benefits and transferring immovable property. By knowing which certificate to obtain, legal heirs can ensure a seamless and legally compliant process of inheritance.