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What is a legal heir Succession certificate and when is it used?

What is a legal heir Succession certificate and when is it used?

24-Aug-2025

Succession Certificate

Answer By law4u team

A succession certificate is a document issued by a civil court that legally establishes who the rightful successor is to a deceased person’s movable property when the person dies without leaving a will (intestate). Purpose • Authorises the legal heir(s) to collect debts and securities of the deceased — such as bank deposits, fixed deposits, shares, insurance proceeds, provident fund, or other movable assets. • Protects the institution (bank, company, etc.) from future claims, since payment made to the holder of the certificate is considered valid discharge of liability. When it is used • When a person dies intestate and heirs need to transfer or withdraw money from accounts, encash investments, or claim financial benefits. • For movable property — immovable property matters usually require other legal processes like legal heirship certificate or court declaration. • In cases where there is no dispute among heirs — if there is a dispute, the court may still grant it but after hearing objections. Key points • Granted under the Indian Succession Act, 1925. • Can be applied for by any legal heir in the district court where the deceased resided or where the property is located. • May be issued jointly to multiple heirs.

Answer By Anik

Dear Client, A Legal Heir Succession Certificate is an essential legal document that determines the true heirs of a dead person, especially when that person dies without leaving a will (which is what we call dying intestate). Also, it acts as proof of the relationship between the deceased and his legal heirs. When is it used? This certificate is a requirement for the transfer of a dead person’s assets and benefits to those who will inherit them. It is used for many purposes, which include:. Claiming Financial Assets: This also includes bank deposits, provident funds, gratuity, and insurance claims. Transferring Immovable Property: It is the practice that sees to it that the record of property ownership is updated from the deceased’s name to that of the heir. Receiving Government Dues: It is a requirement to claim pension, salary arrears, or other benefits from a Central or State Government department. Applying for Employment on Compassionate Grounds: In some cases, if a government employee dies on duty, a legal heir certificate is required for a family member to get a compassionate appointment. It is also true that a “Succession Certificate” and a “Legal Heir Certificate” are at times put forth as the same thing, which is not the case. A Legal Heir Certificate is given out by local government entities (for example, a Tahsildar or a Mandal Revenue Officer) and is for the purpose of proving family relationships for issues like property transfer and enrolling for government benefits. As for the Succession Certificate, it is issued by a civil court and is required for the transfer of movable assets like debts and securities. The document you will require may also depend on what assets we are talking about and the jurisdiction in question. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By Ayantika Mondal

Dear Client, A legal heir certificate is an issue of the government which identifies the proper legal heirs of a deceased person. It serves as proof of the relationship between the dead person and their legal heirs and is key in the transfer of assets and property. Purpose and Role of a Legal Heir Certificate. When a person dies without a will the issue of a legal heir certificate is put forward. It is a key document for survival family members to claim and transfer the deceased’s assets and benefits. Here are the primary uses of this certificate:. Transfer of Property: It is for the transfer of ownership of immovable properties like land or a home from the deceased to their legal heirs. Accessing Bank Accounts and Investments: It is necessary to claim from the deceased’s bank accounts, fixed deposits and other investments. Claiming Financial Benefits: Life insurance Pension and provident fund (PF) Gratuity and salary arrears Government-related dues Transfer of Utilities and Services: It is for the transfer of utility accounts like electricity, water, and telephone bills to the legal heir’s name. Compassionate Appointments: In certain situations family members will be able to secure jobs in honor of the passed away government employee. Legal Heir Certificate vs. Succession Certificate While in the same subject matter of inheritance these documents differ in purpose. Legal Heir Certificate: This certificate issues out the connection between the deceased and his legal heirs. We see it usually issued by local government authorities like the Tehsildar’s or Revenue Department. Also it is used for the transfer of both movable and immovable assets and for claiming government benefits. Succession Certificate: This certificate is a larger document which issues to the legal representative of the deceased for the issue of debt and securities. It is issued by a civil court and mainly used for the transfer of financial assets like shares, bonds and bank deposits. In most areas a legal heir certificate is given out which identifies the legal heirs, also a succession certificate is required for management and transfer of the deceased’s debts and assets. Which rules and procedures for acquisition of said documents may be different under the states’ and local authorities. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!