The distribution of the property of a deceased person, whether it is movable or immovable, is governed by the Indian Succession Act of 1925. This act lays down two different kinds of certifications: succession certificates and legal heir certificates. The certificates are vital for claiming the assets of the deceased person and also confirming the rightful heirs to the property. This blog will explore the differences between the two certificates and also highlight their role in identification of legal heirs and granting authority to the successor. By understanding their purpose, legal power, required documents for application, and specific uses of each certificate, one can explore the complex process of inheriting property according to Indian law.
What is a Succession Certificate?
The definition of succession certificates according to Indian Succession Act 1925 is a certificate issued by the court to the family members of the deceased person for establishing their authenticity as legal heirs and also to give legal heirs the authority to inherit debts, security, and other properties of the deceased. This succession certificate is given to the heirs of the deceased who have passed away without leaving any will.
In normal cases, the succession certificate is not needed for movable properties unless a case has been filed in the court of law for establishing ownership over the property. But for immovable properties, it is essential to get a succession certificate from the court; this certificate is needed if the legal heirs wish to sell or administer the property by themselves even in the absence of any other claim on it.
For getting the succession certificate, the legal heir must file a petition with the district judge or the high court, claiming their rights over the property of the deceased. This must be signed and verified by the applicant. This application must include,
- Death certificate copy that must include the time of death
- The ordinary residential address of the deceased, and if there is no such residence, then the particulars of the properties that are under the jurisdiction of the court where the application has been filed.
- The address, name, and other details of the legal heirs and other family members.
- The non-objection certificate by other eligible or possible heirs, other than the applicant, which states that they do not have any objection to the applicant’s possession of the property.
- Copies of passport and ration card, and the rights of the petition
- The details about the assets and security for which the applicant has made the request need to be mentioned.
After the application has been filed in the district court, the judge will inspect the same and publish a notice regarding the same in the local newspaper, calling for any objections. A time period of 45 days will be provided for protest, after which the date is fixed for hearing. If any person protests, then he needs to do the same with the proper documents and proof. At the date of hearing, the judge will decide whether the applicant has the right to apply for the succession certificate, and if the judge is satisfied, then the succession certificate may be granted. This certificate will have the details regarding the debts and liabilities that were stated in the applications and also mention the power that is granted to the applicant.
What is a Legal Heir Certificate?
After the death of a person, legal heir certificates must be obtained by the family members of the deceased for transferring the properties of the deceased to family members. It is an important document that will establish a relationship between the deceased and the legal heir and aid in claiming the pensions, provident fund, house tax, transfer of electrical connection, transfer of bank account, filing of IT returns, and so on when the deceased left without choosing a nominee.
According to Indian laws, the following people are considered legal heirs and can claim the legal heir certificate. They are,
- Spouse
- Siblings
- Children, maybe a son or daughter
- Parents
The legal heir certificates can be obtained from the respective municipality or corporation, by approaching the taluk tahsildar, or from the district civil court. This certificate is provided after proper inquiry and listing down all the legal heirs of the deceased person. For claiming the legal heir certificates, the legitimate heir must make the application to the concerned authority along with the application form that contains the following:
- Proof of identity of all the applicants
- Address proof of all the applicants
- 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 submitting the application, the administrative officer and the inspector will carry out an inspection and complete the inquiry. After this, the authorized persons will provide the applicants with the legal heir certificate. This whole process will be completed within the time period of 30 days.
Differences between succession certificates and legal higher certificates
| Criteria | Succession Certificate | Legal Heir Certificate |
| Definition | A legal document issued by a civil court, granting heirs the right to inherit a deceased person’s movable assets. | A certificate issued to identify the legal heirs of a deceased individual. |
| Purpose | To transfer the deceased’s financial assets, such as debts, securities, and bank balances, to the rightful heirs. | To establish the relationship between the deceased and the heirs for purposes like pension claims, insurance, etc. |
| Issuing Authority | Issued by a civil court after following a legal process, including public notifications for objections. | Issued by local government bodies like the Revenue Department, Municipality, or Tehsildar’s office. |
| Applicable Law | Governed by the Indian Succession Act, 1925. | Governed by state-specific and religion-specific laws and regulations; not covered under a central law like the Indian Succession Act. |
| Scope of Use | Primarily used for financial transactions, including transferring debts, securities, and other movable assets. | Used for purposes, such as claiming pension, provident fund, insurance benefits, and property mutation. |
| Required Documentation | Requires a legal petition to the court, death certificate, heir details, and an advertisement for objections. | Requires proof of relationship, death certificate, and an application to the local authority. |
| Time Frame for Issuance | May take several months due to the court process and a mandatory notice period for objections. | Typically issued within 15-30 days, depending on the local authority’s process. |
| Conclusive Evidence | Serves as conclusive evidence of the legal right to inherit movable assets under the Indian Succession Act. | Serves as proof of relationship but not as conclusive evidence for legal heirship in financial matters. |
| Subsidiary Document | A primary document required for transferring or inheriting movable property or assets. | Often used as a supporting document in property-related matters and non-financial claims. |
Conclusion
After a person’s death, the legal heirs and successors can be established with the help of a succession certificate and legal heir certificates. The legal heir certificate has a narrow purpose and is normally easier to get, while the succession certificate is a more detailed document that has extensive jurisdiction over the property of the deceased. Considering the specific needs and nature of the properties and liabilities, you can make a choice of getting a succession certificate or a legal certificate.
FAQs
The legal heir certificate is generally easier and quicker to obtain, as it involves a simpler verification process through local authorities. The succession certificate requires a more complex legal process, including court hearings and public notifications. The time and effort required depend on the specific circumstances of each case.
No, the process is relatively simple and involves basic documentation and verification by local authorities. It is less complex than obtaining a succession certificate.
No, a legal heir certificate is not conclusive evidence for inheritance in financial matters. It mainly serves to establish the relationship between the deceased and their heirs.
If disputes arise, the court will review all claims and evidence before issuing a Succession Certificate. The process may take longer as the court must ensure the rightful heirs are recognized.