Difference Between Legal Heir Certificate and Succession Certificate

Updated on March 01, 2025 11:14:11 AM

A Legal Heir Certificate and a Succession Certificate are two must-have legal documents that play different roles when it comes to distributing the property of the deceased person. A Legal Heir Certificate defines those who are entitled to the benefits of the deceased person, or to the insurance or pensions of the legal heir. It is often applied where there is no valid will drawn by the deceased individual.

A Succession Certificate confers the power to the legal heirs of the deceased to deal or transfer the debts, securities, or other property of the deceased, especially when large amounts of assets or money are involved. It is imperative to understand the difference between the two certificates so that legal heirs can exercise their rights and close the estate with the law.

This article will provide knowledge of the distinctions between the Legal Heir Certificate and the Succession Certificate.Contact Litem Legalis to assist with all your legal needs.

Legal heir vs succession certificate

Legal Heir Certificate

A Legal Heir Certificate is a certificate issued by the local authorities i.e. city corporation or tehsildar. This certificate helps to transfer the assets, properties and other dues of a deceased person to the right person. Anyone who wants to sell any property that belonged to a deceased member of their family needs this certificate otherwise registered property can't be sold.

A legal Heir Certificate or legal heirship certificate is necessary for many aspects such as claiming insurance, receiving the family pension, for provident fund and to gaining employment based on compassionate appointment. Therefore, obtaining a legal heir certificate is essential for transferring the assets of the deceased in an easy and smooth manner.

Succession Certificate

A Succession Certificate is a legal document issued by the court. It helps in the succession of the movable assets of a deceased person to their rightful heir. The main purpose of this document is to establish the authenticity of the heirs and give them the authority to inherit debts, securities, and other assets.

The applicant has to deal with the legal procedure for obtaining the succession certificate. Here the court inspects all the claims of the applicant and ensures the fair distribution of the assets among all the heirs who are eligible as a successor.

Difference Between Legal Heir Certificate and Succession Certificate

Legal Heir Certificate Succession Certificate
Used for transferring Movable property (e.g., vehicles, bonds, stocks, cash, jewellery) Used for transferring Immovable property (e.g., lands, buildings, flats, factories)
Issued by Government authority (Tahsildar, Talukdar, or Municipalities) Issued by Civil court (District Court or High Court)
Fees: 6% of the total value of assets Fees: 1.5% to 3% of the total value of assets
Time required: 15 to 30 days Time required: 4 to 6 months

Importance of legal heir certificate and succession certificate

Legal heir certificates and Succession certificates are important for various reasons, some of which are listed below:

  1. Establishing Rightful Heirs: A legal heir certificate or succession certificate is an essential document issued by the legal authority that aids in transferring assets from the deceased to the rightful heir. It serves as proof of the entitlement that establishes the authority of the legal heir over that property after the death of the owner of that asset.

  2. Avoiding disputes: There are many chances to raise many disputes over a deceased person’s property. More than one or two heirs can be who also want their allotment on that assets. Here these certificates play an important role and clear all disputes through the fair distribution of the estate among all the legal heirs.

  3. Providing protection for minors: These certificates are important in cases where the legal heir is a minor and cannot hold assets at present. By obtaining these documents, their rights will be protected and they will be able to transfer the assets when they become adults and eligible to do so.

  4. Property sale: This certificate is mandatory when anyone selling a property that is registered in the name of a deceased person. These certificates ensure that the person selling the property is the legal heir of the assets. Otherwise, that registered property can not be sold and purchased by anyone.

  5. Legal Authority: Legal heir certificate and succession certificate, both documents deal with the legal aspects and provide the legal authority over the assets. Without these certificates, no one claims as legal heirs of the deceased person's property.

Why to choose Litem Legalis?

Litem Legalis provides one of the best commitments toward simplification of legal processes for individuals and families by making available all the information regarding important documents like legal heir and succession certificates. Expert guidance is given on understanding the rights and responsibilities taken for legal documentation, which normally a person finds quite a inconvenient. Focused on client support and transparency, Litem Legalis provides trust and reliability in the journey.

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Conclusion

Making a proper distinction between the need for a legal heir and the succession certificate is very important to transfer assets in order to maintain the legality of a deceased person's estate. While the legal heir certificates establish mainly the relationship of the deceased with family members, the succession certificate gives various rights to the inheritor relating to financial assets and liability of a dead person. A smooth inheritance process along with compliance with other legal obligations make it very necessary to understand such differences. The reason is all the more for the fact that these matters are complicated to deal with thus requiring strictly professional legal consultancies. With the help of experts at Litem Legalis there will be no uncertainties present it the inheritance law that have not been met.

Frequently Asked Questions (FAQs)

What is Legal Heirs Certificate?

A Legal heir certificate is an official document identifying a deceased person's lawful heirs and their inheritance rights.

What is a Succession Certificate?

A Succession certificate is a document proving an individual's right to inherit a deceased person's assets and identifying legal heirs.

What is the time duration of the legal heir and succession certificate?

Legal heir certificate is usually issued within 15 to 30 days. It's used for insurance, pension, retirement claims and Succession certificate can take 5 months to 7 months to get, including a 45 day period for objections after the petition.

What is the difference between a legal heir certificate and a succession certificate ?

Legal heir certificate confirms heir relationships and Succession certificate authorizes heirs to inherit movable assets and debts.

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