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Information Hub/Succession Planning/Succession Planning And Will
Understanding Legal Heirship Certificate and Succession Certificate
Published : 01 Oct 2024
Without proper documentation, the process of inheriting property and assets after the death of a loved one can be complex and intimidating. Legal heirship and succession certificates play a crucial role in establishing one’s entitlement to the assets of a deceased person. These certificates are crucial in recognising rightful heirs and empowering successors.
The Indian Succession Act, 1925, establishes the legal heirship and succession certificates for the purpose of transferring the assets of a deceased person, whether they are movable or immovable, to the concerned legal heirs.
What is a legal heirship certificate?
A legal heirship certificate is a document issued to identify the surviving family members or heirs of a deceased person. An heirship certificate is used to claim the assets and other resources of a deceased person.
What is a succession certificate?
A succession certificate is a document granted to the heirs of a deceased person who dies without a will, providing them the rights to inherit the assets and other resources.
Key differences: Legal Heirship Certificate Vs Succession Certificate
The main difference between these two certificates is that the heirship certificate covers both movable and immovable properties and utilities, whereas a succession certificate is limited to movable assets. The other notable differences are given below:
| Criteria | Legal Heirship Certificate | Succession Certificate |
| Definition | The certificate confirms the legal heirs of a deceased person, along with their relationship shared with the deceased. | Granted to the legal heirs of a deceased person, certifying their rights to inherit the deceased person’s debts, securities, and other movable properties. |
| Issuing Authority | Issued by the local revenue department, municipal corporation or other local authority. | Court issued document. |
| Use | Often act as a substitute for the succession certificate. | Often applied when the legal heirship certificate is not accepted. |
| Legal Recognition | Serves as evidence of who all are the legal heirs of the deceased. | Facilitates the transfer of movable assets from the deceased person’s name to the rightful heirs. |
| Scope | Required for claiming insurance benefits, pension, provident fund, gratuity, etc. | Enables the legal heirs to claim, transfer, and manage the deceased person’s movable assets such as bank deposits, shares, mutual funds, and debts. |
| Property Transfer | Facilitates the transfer of property titles, electricity, water, and telephonic connections, and other utilities in the name of legal heirs. | Legal documents to settle outstanding debts, loans, and liabilities of the deceased person. |
| Access & Security | Essential for accessing bank accounts, safety lockers, and other financial assets of the deceased person. | Protection against unauthorized claims and disputes over the deceased person’s movable properties. |
How to apply for a succession or heirship certificate?
Succession certificates are issued by the court. Hence, a petition must be written and filed with the respective district court along with the succession certificate form where the deceased person resided at the time of death to obtain the succession certificate.
Meanwhile, to obtain an heirship certificate, you can visit the nearest district court and apply for the same. For example, to obtain a legal heirship certificate in Kerala, one must approach the respective authority in Kerala. All procedures must be followed when submitting in order to prevent issues later on.
Which is easier to get?
A legal heirship certificate can be applied for by spouses/parents/children of the deceased as soon as the death certificate is received.
The person applying for the legal heirship certificate adds the names of other heirs to be considered as the legal heirs of the deceased. The certificate mentions mere ownership of the property and not the percentage share of the assets entitled by the legal heirs.
It has a narrower purpose when compared to the succession certificate and is much easier to get. The ambit of the succession deed is wide with extensive jurisdiction over the estate of the deceased.
Conclusion
Losing a loved one can be difficult, and dealing with the legal process can be exhausting. But it is critical to ensure that assets and resources of the deceased person are transferred either according to their will or, in its absence, to the rightful heir.
Before applying, it's crucial to check whether there is a will or not. Applying for a succession certificate when there is a will can be a waste of time and money.
As mentioned above, an heirship certificate is a quicker and low-cost document which can be accessed by approaching the local authorities to identify the rightful heir.
On the other hand, a succession certificate is a court-issued document which can be time-consuming and expensive. A succession certificate is only necessary when there is no valid will or nominee, primarily required to claim movable assets (like bank deposits or investments).
Understanding both the certificates and ensuring the status of the will is crucial while applying for either of these certificates.
FAQs
Who is a legal heir?
A legal heir is a direct descendant of the deceased person, who is legally entitled to inherit the assets and resources of the deceased individual.
What is the alternative to a succession certificate?
An alternative to a succession certificate is a legal heir certificate, which establishes the rightful successors of a deceased person's property, while a succession certificate is primarily used for managing debts and securities.
Can we get a legal heir certificate online?
Yes, you can get a legal heir certificate both online and offline. A legal heir certificate application is submitted online through the district court e-portal or Akshaya centres.
How do I download a succession certificate?
Unlike a legal heir certificate, you cannot obtain a succession certificate online. You must file a petition along with the necessary documents with the concerned district court to get issued the succession certificate from the courts.