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Can the certificate be transferred to another heir?

Answer By law4u team

Yes, under Indian law, a legal heir certificate or succession certificate can be transferred or reissued to another heir under certain conditions — but it depends on what type of certificate you're referring to: 1. Legal Heir Certificate (from Revenue Department): This certificate simply declares the list of legal heirs of a deceased person. It cannot be "transferred", but: If one heir was issued the certificate, another heir can apply for a fresh certificate or The existing certificate can be updated or corrected by approaching the Tehsildar/Revenue Officer, especially if: Some heirs were missing or wrongly mentioned. The person who applied is unwilling to proceed with asset claims. Use: Mutation of property, pension claims, insurance, etc. 2. Succession Certificate (from Civil Court): This is issued under the Indian Succession Act, 1925 (mainly for movable property like bank accounts, shares, debts). If the original certificate holder dies, renounces, or refuses to act, another legal heir can: Apply afresh for a new succession certificate. Seek revocation or amendment of the existing one under Section 383 of the Succession Act. The new applicant must prove: Legal heirship, Justification for re-issuance or substitution, That no fraud or suppression occurred. Key Points: A certificate isn’t “transferred” like a property deed — but a new or revised certificate may be issued. All legal heirs should be notified or given an opportunity to raise objections. Courts prefer mutual consent among heirs to avoid disputes. Conclusion: Yes, another heir can get the certificate in their name — but the proper legal process must be followed, depending on the type of certificate and the situation. Let me know the specific context (e.g., land, pension, bank account) if you'd like detailed guidance.

Answer By Anik

Dear Client, In general legal heir certificates, succession certificates and death certificates are not transferable. If necessary though another qualified heir may apply for a new certificate. Legal procedures such as gift deeds, relinquishment deeds or court orders may be used to assign or relinquish rights over property or benefits. Therefore the rights resulting from the certificate may be transferred even though the certificate itself isn't. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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