Updated on July 08, 2024 07:59:42 AM
Upon the death of an individual without a will or nominee, two terms arise for the successors of the estate. These two terms are the Legal heir certificate and succession certificate. Essentially, both certificates are used to hold a deceased person's property. However, there are many minor differences between these certificates.
Continue reading this article if you want to learn the difference between a legal heir certificate and a succession certificate. Both certificates will be discussed in this article, along with their differences.
A legal Heir certificate is a certificate issued by the city corporation or tehsildar. This certificate helps to transfer the assets of a deceased person to the rightful successor. 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 also 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.
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 heirs. 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.
| Legal Heir Certificate | Succession Certificate |
|---|---|
| Legal Heir certificate used for transferring Movable property(for example - Vehicles, bonds, stocks, cash, jewellery, etc.) | Succession Certificate used for transferring Immovable property(for example - lands, buildings, flats, apartments, factories etc.) |
| Approaching area - Government authority( tahsildar, talukdar or municipalities) | Approaching area - Civil court( district court or high court) |
| Legal Heir certificate fee - 6%of the total value of assets. | Successor Certificate fee - 1.5% to 3%of the total value of assets. |
| Time taken for Legal Heir certificate - 15 days to a few months | Time taken for a Succession certificate - four to six months. |
There are many importance of legal heir certificates and succession certificates, some of which are mentioned below:
Litem Legalis' team of experienced lawyers can help you get an heir certificate and succession quickly. As part of our commitment to our clients, we make sure they receive all the information they need. Here, with the assistance of legal counsel, obtaining the certificate is simple. Our team will simplify the whole procedure. There are a variety of reasons why the Litem will be a suitable choice for you, including:
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Legal heir certificate and succession certificate are the legal documents. The main purpose of these certificates is the succession of movable and immovable property of a deceased person to the rightful heir. But both have minor differences also. The applicant must be aware of the differences before filing the application. Their approaching area, fees and time duration make these certificates different from each other. However, those who wish to hold the property of a deceased person must consult with a professional lawyer and apply accordingly.
A legal Heir Certificate is a legal certificate that transfers the assets of a deceased to the rightful heir or person.
A succession certificate is a formal document provided by the court to facilitate the transfer of movable property owned by a deceased person's heirs.
A legal Heir certificate is required for the transfer of movable property and a succession certificate is required for the transfer of the unmovable property of a deceased person. This is the main difference between the legal heir and succession certificate.
The legal Heir certificate fee is 6% of the total value of assets.
The successor Certificate fee is 1.5% to 3% of the total value of assets.
A legal heir certificate takes 10 to 15 days and a succession certificate requires 4 to 6 months to obtain the certificate.
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