When it comes to understanding and acquiring crucial documents such as the Legal Heir Certificate and the Succession Certificate, navigating the legalities after the demise of a loved one can be daunting. These two major certificates play an essential role in the legal process of transferring the deceased family member’s assets.
Many people may believe these certificates serve the same purpose. However, these vital documents differ considerably in terms of their meanings, functions, importance, and more.
Moving forward, let’s understand what a legal heir certificate is.
Legal Heir Certificate
A Legal Heir Certificate is a critical document that is used by the local authorities i.e. city corporation or tehsildar to establish a link between the deceased and their legitimate heirs. An unexpected death in a family is inevitable.
A legal heir certificate makes it easier for legal heirs to claim the following:
- Bank Balance
- Property
- Insurance
- Retirement Plans
- Gratuity
Legal heirs need to ensure they get a legal heir certificate. Doing so allows them to inherit the rights of the deceased in diverse schemes or investments that were formed during their lifetime or to which he or she was eligible if no family member was nominated.
Obtaining a Legal Heir Certificate
The applicant needs to approach the regional administrative officer or the local municipality. Doing so will help them obtain a legal heir certificate. The application must contain the death certificate of the deceased family member and legal heirs’ names and addresses.
Also, submitting proof of a relationship with the deceased family member is crucial. Then the concerned authority will proceed with a detailed verification process and finally, they issue the legal heir certificate.
Documents Required for a Legal Heir Certificate
Here is a list of documents you need when obtaining a legal heir certificate:
- The Deceased’s Original Death Certificate
- Identity Card and Ration Card
- The Family Members’ Names and Their Relationship with the Deceased
- An Affidavit Worth Rs. 20 on a Stamp Paper
Now, let us talk about the succession certificate.
Succession Certificate
As a vital legal document issued under the Indian Succession Act, a succession certificate is issued to the deceased’s lawful heirs. This crucial certificate is to establish the authenticity of heirs, which grants them the authority to inherit the moveable assets. These include:
- Bank Balance
- Securities
- Debts
The applicant has to manage the legal procedure when getting the succession certificate. The court inspects all the applicant’s claims and ensures impartial distribution of the assets among every heir who is eligible as a successor.
Obtaining a Succession Certificate
Are you looking to obtain a Legal Succession Certificate? An application, to obtain this legal certificate, should be filed with the relevant court. This is usually with jurisdiction over the area where the deceased lived.
The important details like the names and addresses of the deceased and the legal heirs must be included in the application. Moreover, it should include an asset description and the heir’s relationship to the deceased. A public notice will then be issued by the court for inviting objections (if any). The court will grant the succession certificate if it does not receive objections.
Documents Required for a Succession Certificate
Here is a list of documents needed to obtain a succession certificate:
- Original Death Certificate
- Time and Place Where the Death Occurred
- All Legal Heirs’ Names and the Relationship with the Deceased
Difference Between Legal Heir Certificate and Succession Certificate
Criteria | Legal Heir Certificate | Succession Certificate |
Issuing Authority | A legal heir certificate is issued by the Municipality Administrative Officer, Tehsildar, Talukdar, or District Revenue Officer | The District Judge issues a succession certificate |
Purpose | To claim significant benefits such as pensions and insurance, and to transfer immovable property and assets. | To transfer movable property, and manage the debts and securities of the deceased. |
Applicability | Legal heirs including the deceased’s parents, spouse, kids, or siblings | The deceased’s heirs including children or grandchildren |
Conclusive Evidence | No | Yes, it is as per the Indian Succession Act of 1925 |
Allotment Term | Usually within 10-15 days | May take up to 2 months (such as a public notice period) |
Required for | Claiming benefits and transferring immovable property | Transferring movable property, handling debts and securities |
Legal Requirement | This legal document helps claim the deceased’s benefits. However, it is not for transferring movable property | This document is necessary for transferring movable assets without a will or nomination |
Subsidiary Documents | This certificate is used as a subsidiary document for claiming legal heirship in property transfers | This certificate is mandatory to transfer or inherit movable property |
Obtaining Process | Apply to the appropriate regional administrative officer or local municipality with the required documents | File a petition in the relevant court, including heirs and assets’ details, followed by public notice |
Examples | Claiming property transfers, insurance claims, family pensions, and unpaid family arrears | Handling bank accounts, debts, securities, and the deceased’s other financial assets |
Understanding the Significance of Legal Heir Certificate and Succession Certificate
Let us explore and understand the significance of a legal heir certificate and succession certificate.
Avoiding Disputes
The heir has several chances to raise disputes over the property of a deceased family member. The family member of the deceased can raise more than one dispute looking for the property allotment. These certificates are essential as they clear all conflicts through the unbiased distribution of the estate among all the lawful heirs.
Establishing Legitimate Heirs
Issued by the legal authority, a succession or legal heir certificate helps transfer assets to the lawful heirs from the deceased family member. This vital document serves as the entitlement proof and it establishes the legal heir’s authority over the property after the demise of the asset’s owner.
Legal Authority
Aside from providing legal authority over the assets, a legal heir certificate and succession certificate deal with the lawful aspects. Without these important documents, no family member can claim as the deceased person’s property’s legal heir.
Sale of the Property
A legal heir or succession certificate is required when a member is disposing of a property registered in the name of the deceased person. These significant documents verify that the person selling the property is the deceased’s assets’ legal heir.
Final Thoughts
Understanding the differences between a legal heir certificate and a succession certificate is paramount when seamlessly transferring the assets and management of the deceased’s estate. While these documents safeguard the rights and obligations of the deceased’s heirs, they are used in diverse contexts and issued by various authorities.
At BlackSuit Services, our competent and qualified experts offer the assistance without any uncertainties in the inheritance law.