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DIFFERENCE BETWEEN LEGAL HEIR CERTIFICATE AND
SUCCESSION CERTIFICATE !
1) Legal heir certificate and succession certificate are entirely different. If the head or a
family member passes away, the next direct legal heir of the deceased such as wife/
husband/son/daughter/mother can apply for the Succession Certificate. This certificate can be
used for the purpose of transferring Electricity connection, Telephone connection/Patta
transfer, House Tax, Bank Account, Filing of IT Returns etc.
2) If the deceased person is a Government servant then the legal heir certificate is issued for
approval of family pension, or to get appointments on concerned grounds. Legal Heir
certificate is also provided for transfer of property- movable and immovable assets.
3) A Succession Certificate is required when someone inherits any immovable property or
movable property under the various Property Laws in the country. Most of these issues come
under the Hindu Succession Act. While some of them come under the community acts or the
Indian Succession Act. Issues need to be known in the right perspective for both categories.
4) Who issues these certificates ?: Legal Heir certificates is issued by Tahsildar of the district
to identify a particular deceased person living heirs and succession certificates are issued by
the court to the legal heirs of a deceased person.
5) Who can apply for these Certificates ?: For Succession Certificate: Only legal heir can
apply For Legal Heir Certificate: son/daughter/husband/wife/parents of the dead person can
apply.
6) What are the Documents required ?: Required Documents to obtain succession certificates
are death certificate of a dead person, time and place of death, the name of all legal heirs and
relation with the dead person. Required Documents to obtain Legal Heir Certificate are Death
certificate original, Identity Card, Ration Card, the name of Family members and
relationship, an affidavit worth Rs. 20 on a stamp paper.
7) Fee: For succession certificate, three percentage of total value of the property will be
charged. To issue legal heir certificate Rs.2 for a stamp and Rs. 20 for stamp paper for
affidavit will be required.
8) Time period: In the case of succession certificate a newspaper notice for 45 days is issued
by the court. Any person having an objection with such advertisement can file oppositions. If
the court doesn t receive any objection, it will issue succession certificate. This process may
take 5-7 months. 15 to 30 days are needed to issue legal heir certificate.
9) Importance: The Succession Certificate is used for transfer or possession of property or for
paying debts or security on behalf of a deceased person or for collecting debts or security on
#dharmapeetam #succession #legalheir

behalf of deceased. The Legal Heir Certificate is used for gratuity, pension, insurance, PF,
retirement claims etc.
How to Get Succession Certificate in India
Succession Certificate is a certificate granted by the Courts in India to the legal heirs
of a person dying intestate leaving debts and securities. A person is said to have passed away
intestate when he/she does not leave a legal Will. Succession certificate entitles the holder to
make payment of debt or transfer securities to the holder of certificate without having to
ascertain the legal heir entitled to it. Succession certificate provides indemnity to all persons
owing such debts or liable on such securities with regards to all payments made to or dealings
had in good faith with a person to whom a certificate as granted. Hence, many
organisation and person request for succession certificate before settling the debts or
securities of the deceased in favour of the person claiming such debts or securities.
Procedure for Obtaining Succession Certificate
To obtain succession certificate, a petition to the District Judge within whose
jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that
time he or she had no fixed place of residence, the District Judge within whose jurisdiction
any part of the property of the deceased may be found.
Petition for Certificate
A petition for succession certificate must contain the following particulars:
 Time of death of the deceased;
 Residence or details of properties of the deceased at the time of death within which
Judge the jurisdiction falls under;
 Details of family or other near relatives;
 The rights of the petitioner;
 Absence of any impediment to the grant of certificate;