The succession certificate and legal heir certificate serve different legal purposes under Indian law, even though both relate to the rights of heirs after a person’s death. A succession certificate is issued by a civil court under the Indian Succession Act, 1925. It is used to authorize a legal heir to collect and transfer the movable assets of a deceased person who died without making a will (intestate). This includes items such as bank accounts, fixed deposits, insurance claims, shares, debentures, and other financial instruments. The process involves filing a petition in the district court, publishing a notice in the newspaper, waiting for objections (if any), and then getting the court’s order. It takes more time, involves legal procedures, and has stronger legal standing. It is usually mandatory for financial institutions to release funds in the absence of a nominee. A legal heir certificate is issued by the Revenue Department (such as a Tehsildar or local municipal authority) to establish the relationship between the deceased and their heirs. It is commonly used for administrative purposes such as claiming pension, gratuity, property mutation, utility transfer, or applying for family benefits. The procedure is simpler and faster compared to a succession certificate, and does not require court proceedings. It is mainly a record showing who the legal heirs are, but may not be accepted by banks or insurance companies when claiming large sums of money or securities. In short, a succession certificate is essential for transferring financial and movable assets through the court, while a legal heir certificate is used for routine administrative purposes and to prove the legal relationship of heirs for government records.
Answer By Ayantika MondalDefinition: Legal Heir Certificate: A document issued to recognize the living heirs of a deceased person. Succession Certificate: A document granted by a court to the heirs of a deceased person, giving them the right to inherit assets. Purpose: Legal Heir Certificate: Used to establish the relationship of the heirs with the deceased for non-financial matters. Succession Certificate: Used to transfer the deceased’s debts and securities to the heirs. Issuing Authority: Legal Heir Certificate: Issued by local government bodies like Revenue Department or Municipal Corporation. Succession Certificate: Issued by a civil court. Scope of Use: Legal Heir Certificate: Claiming pension, provident fund, and other benefits. – Property mutation. – Transfer of assets. Succession Certificate: Handling financial assets like bank balances, and stocks. – Transferring debts and securities. Time Frame for Issuance: Legal Heir Certificate: Generally issued within 15-30 days. Succession Certificate: May take several months due to the court process and mandatory notice period for objections.
Answer By AnikDefinition: Legal Heir Certificate: Certificate issued to indicate the surviving successors of an expired individual. Succession Certificate: Certificate issued under a court order to the successor of a deceased individual, referring to his right over property. Purpose: Legal Heir Certificate: To indicate the successorship of the successors towards the deceased person for non-monetary purposes. Succession Certificate: To transfer securities and liabilities of the deceased person to successors. Issuing Authority Legal Heir Certificate: By local government authorities i.e., Municipal Corporation or Revenue Department. Succession Certificate: Issued by a civil court. Field of Use: Legal Heir Certificate: Pension, provident fund, and other allowances. – Mutation of property. – Assets transfer. Succession Certificate: Disposition of monetary assets i.e., bank balance, and share. – Transferring debt and security. Time Lapse for Issuance: Legal Heir Certificate: Issued normally within 15-30 days. Succession Certificate: Can take several months as it involves notice period to raise objections and court process.
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