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Difference Between Succession And Legal Heirs Certificate

DIFFERENCE BETWEEN SUCCESSION CERTIFICATE AND LEGAL HEIRS CERTIFICATE

The Indian Succession Act, 1925, lays down the rules and provisions related to the property, be it movable or immovable property, of any deceased person. The Act lays down two kinds of certificates, i.e., Succession Certificate and the Legal Heirs Certificate. These Certificates are important and necessary to obtain the assets of the deceased person. These certificates also establish who has the rightful claim over the property of the deceased and also to establish who is the rightful and legal heir of that person.

SUCCESSION CERTIFICATE

The Indian Succession Act, 1925 defines the succession certificate as a certificate issued by the court to the family members of the deceased person to establish their authenticity as legal heirs and also to give these legal heirs the authority to inherit debts, securities and other assets of the deceased. A succession certificate is given to the heirs of the deceased who has passed away without leaving any will or has died intestate. When any person dies without the preparation of any will related to the distribution of his property and assets, then that person is said to have died intestate. In case the person has intestate, the succession certificate is issued through which the heirs can claim a right over the assets and securities of the deceased person.

In general cases, a succession certificate is not required in cases of movable property unless it is contested in the court of law to establish the ownership over the property. But in the case of immovable property, it is important and compulsory to obtain a succession certificate from the court. This certificate is required if the legal heirs further wish to sell or administer the property themselves even in the absence of any other claim over it.

To obtain a succession certificate, the legal heir must file an affidavit petition to the District Judge or in the High Court claiming their right over the property of the deceased. It should be signed and verified by the applicant. This application should include:

  • A copy of the death certificate which should include the time of death
  • The ordinary residence of the deceased and if in any case, no such residence is available, then the particulars of the property which lies in the jurisdiction of the court where the application has been filed
  • The name, address, and other details of the legal heirs and other family members
  • A NOC or No Objection Certificate by the other heirs, other than the applicant, stating that the do not have any objection with the person claiming possession over the property
  • Copies of the passports or ration cards
  • The rights of the petitioner
  • The assets and the securities for which the application has been made needs to be mentioned

After such an application is filed in the District Court, the judge inspects the same and publishes a notice regarding the same in the local newspaper calling for any objections. a time period of 45 days is given to protest after which a date is fixed for hearing. In case any person protests, he needs to do the same with proper documentations and proof. At the date of the hearing, the judge decides whether the applicant has the right to apply for the Succession Certificate and if satisfied, he may grant the certificate. This certificate states the debts and liabilities that were stated in the application and shall also mention the powers granted to the applicant.

(Click Here To Know About The How To Obtain Succession Certificate)

Any adult person of a sound mind can apply for this certificate, provided that he has an interest in the property of the deceased. This interest may be in the form of a relative of the deceased or if he has any other beneficial interest in the debt of the security. A minor cannot file an application for the same but a succession certificate may be granted to him through a guardian.

LEGAL HEIRS CERTIFICATE

A legal heir certificate is an important document obtained by the family members of the deceased person. After the demise of any person, a legal heir certificate must be obtained by the family members of the deceased for the transferring of the assets of the deceased to his family members. It is important to establish a relationship between the deceased and the legal heirs. It is required for the heirs of any employee, serving or retired, who passed away. It establishes a relationship for claims relating to pension, provident funds, house tax, transfer of electricity connection, transfer of Bank Accounts, Filing of IT returns, etc. when the deceased had died without choosing a nominee.

Under the Indian law, the following people are considered to be the legal heirs and can clain the legal heir certificate:

  • Spouse of the deceased
  • Siblings of the deceased
  • Children of the deceased be it son or daughter
  • Parents of the deceased

A legal heir certificate can be obtained from the respective area’s municipality or corporation, or by approaching the Taluk Tehsildar, or from the District Civil Court. This certificate is given after a proper enquiry and lists down all the legal heirs of the deceased person. For claiming the legal heir certificate, the legitimate heir makes an application to the concerned authority with:

  • A signed application that should contain the names of all the legal heirs, their addresses and their relationship with the deceased person.
  • Identity proof of all the applicants
  • Address proof of all the applicants
  • The death certificate of the deceased
  • Date of birth proof of all the applicants
  • Address proof of the deceased
  • Self-undertaking affidavit on stamp paper

After the submission of such an application, the administrative officer or the inspector conducts an inspection and completes the inquiry. After this, the authorized authority provides the applicants with the legal heir certificate.This whole process is completed within the time period of 30 days.

DIFFERENCE BETWEEN SUCCESSION CERTIFICATE AND LEGAL HEIRS CERTIFICATE

A legal heir certificate is different from the succession certificate. A succession certificate is obtained by the District Court Judge whereas the Legal Heir Certificate can be obtained by the municipality or the Tehsildars. The procedure to obtain the two is also different.

  • An application for the legal heir certificate can be made only by the spouse, children, parents or siblings of the deceased, whereas, an application for the succession certificate may only be made by the legal heir.
  • A legal heir certificate is issued within 15 to 20 days, whereas, in case of a succession certificate, a 45-day time period is given for any objections after which the hearings for the same start.
  • A legal heir certificate is issued for the purpose of insurance, pension, retirement claims, etc., whereas the succession certificate is issued for the possession of property or possession of security or paying or receiving the debts on behalf of the deceased.

A legal heir certificate is simply issued to identify the heirs of the deceased person whereas a succession certificate is issued to establish the validity and legality of the legal heirs and give them the authority related to the assets and securities of the deceased person.

Note: In this article we have tried our best to cover all information regarding Succession And Legal Heirs Certificate in short and summery manner, it has been written by one of our best Intern Namely, Ms. Sukriti Jaswal, student of BALLB from Lovely Professional University. For any further information or to know more about this topic, you may contact us on given numbers.