Legal Heir Certificate and Succession Certificate

Date : 2021-09-22

Introduction:

Legal Heir Certificate:

In case of sudden death, a Legal Heir Certificate is an essential document that helps to establish a relationship between the deceased person and his/her legal heirs. It is obtained after the death of the person by the legal heirs to claim the assets of the deceased person. Legal Heir Certificate can be obtained by the successors of a deceased person from the area/taluk Tahsildar or from the corporation/ municipality office of the respective area and from the district civil court. This certificate authorises the successors to claim their right over the assets of the deceased person.

Succession Certificate:

A Succession Certificate refers to a certificate issued by the district judge of relevant jurisdiction. It is a certificate issued in the name of the successor of the deceased person who died intestate. Basically, a succession certificate establishes the authenticity of the successor of the deceased person, the certificate holder has the authority over the debts and securities of the deceased person. This certificate is recognised across India. However, if a certificate is issued in a foreign nation by an Indian representative (as nominated by the government) accredited to that state, the certificate will only be recognised in India provided it is duly stamped in line with the Court Fees Act, 1870. We at ELT Consultants are offering services related to Succession Certificate and make the process easy/manageable.

Difference between Legal Heir Certificate and Succession Certificate:

* Objective:
The main objective of a Succession certificate is to make settlement of property which is disputed or under litigation.
A legal heir certificate has an objective to establish a relationship between the deceased and his/her legal heirs and transferring rights.
* Rights
A succession certificate holder has a large amount of rights that any transaction made on behalf of the deceased person will be considered valid, whereas a legal heir certificate is limited to claims like insurance, pension, etc.   
A succession certificate is a kind of valid proof under succession laws and the successor can be the beneficiary of the assets of the deceased person. Although this is not applicable on legal heir and it is not conclusive evidence under succession law.
* Documentary Evidence Required -
Succession Certificate – Date and time of death along with the death certificate, names of the legal heirs and their relationship to the deceased. 
Legal Heir Certificate– Original Death Certificate, Government ID proof, Names of family members and their relation to the deceased, affidavit on a stamp paper, and other IDs such as the Ration Card.
 
Usually, both legal heir and succession certificate are issued in a period of fifteen to forty days. 
* Fees-
Succession Certificate– Government fees to have a succession certificate is equal to 3% of the total value of the property.
Legal Heir Certificate– Government fees to have a legal heir certificate is Rs. 20 for the stamp paper and value of the stamp is Rs. 2.
 
Clearly, a Legal Heir Certificate is easier to obtain.
 
* Issuing Authority-
Succession Certificate– The succession certificates are issued by any civil court to the legal heirs of the deceased, provided the courts are convinced of the same.
Legal Heir Certificate– The party has to approach the Tehsildar of the district in which they are residing and to which the Tehsildar has jurisdiction to. The party has to identify as the legal heirs of the deceased person and must convince the Tehsildar of the same with sufficient documentary evidence.
* Eligibility For Applying The Legal Heir Certification And The Succession Certification
Legal Heir Certificate: A son, daughter, husband, wife, parents of the deceased person has the authority to apply.
Succession Certificate: Only legal heir can apply. Other than a legal heir no one has the authority to apply.


Author :