Legal Heir Certificate & Succession Certificate in India: A Detailed Breakdown

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In the absence of a valid Will, the distribution of a deceased person’s assets in India is governed by the Indian Succession Act, 1925. Two critical documents come into play here: the Legal Heir Certificate and the Succession Certificate. While both establish your claim to the deceased's estate, they serve distinct purposes and involve different procedures for acquisition.

Legal Heir Certificate: Establishing Heirship for Diverse Purposes

• Function: A legal heir certificate is essential for various legal and financial transactions, including:

• Property transfer: Required for transferring the deceased person's property to the legal heirs.
• Bank transactions: Facilitates accessing the deceased's bank accounts and other financial assets.
• Insurance claims: Necessary for claiming life insurance benefits.
• Pension claims: Required for claiming the pension of the deceased individual.
• Legal proceedings: Used as evidence of the legal heirs in case of disputes or legal matters.

• Issuing Authority: The legal heir certificate is typically issued by local revenue authorities like the Tehsildar.

• Procedure: Obtaining a legal heir certificate is a relatively simpler process. It usually involves submitting an application form along with documents that prove your relationship to the deceased. These documents could include the death certificate, ration card, or other relevant proofs. The fees associated with acquiring this certificate are nominal and vary depending on the state.

• Timeline: The processing time for a legal heir certificate is generally quicker, often taking around 10-15 days or maximum of 30 days.

Succession Certificate: Dealing with the Deceased's Financial Assets

• Function: A succession certificate empowers legal heirs to manage the deceased's financial assets. This includes:

• Accessing and dealing with bank accounts, debts, and securities belonging to the deceased.
• Transferring ownership of immovable property (land or buildings) inherited from the deceased.

• Issuing Authority: Unlike the legal heir certificate, a succession certificate is issued by a civil court.

• Procedure: Acquiring a succession certificate involves a more intricate legal process. You'll need to file a petition with the court, outlining details of the heirs, the deceased's assets, and liabilities. The court will then issue a public notice in a newspaper, inviting potential objections from anyone who might have a claim to the estate. This ensures a transparent process and protects against fraudulent claims. The entire process, including resolving any objections, can take anywhere from 4 to 6 months or even longer.

• Fees: Court fees for obtaining a succession certificate are variable and depend on the total value of the deceased's estate. Generally, these fees range from 1.5% to 3% of the estate's value.

Additional Tips

• Procedures for obtaining these certificates might differ slightly from state to state. You can find more specific information on the official website of your state government.
• Remember, these are legal documents, and any inaccuracies can lead to delays or complications. Ensure you gather the required documents carefully and provide accurate information throughout the application process.

Procedure to Obtain a Legal Heir Certificate in Delhi

1. Application Submission: The legal heir must approach the district court or the Taluk office and submit a duly filled application form.
2. Document Attachment: Attach necessary documents, including the death certificate, identity proofs, and address proofs of the legal heirs and the deceased.
3. Verification Process: The application undergoes a verification process, which may include local inquiries.
4. Certificate Issuance: Upon successful verification, the Legal Heir Certificate is issued.

Required Documents For A Legal Heirship Certificate in Delhi

• Signed application form in the prescribed format.
• Identity and address proof of the applicant. ( Voter ID/ Aadhar Card/Driving Licence/Passport or any other government-issued identity card)
• Address proof of the deceased. (Any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the deceased)
• Death certificate of the deceased. (Original to be produced)
• Date of birth proof of all legal heirs. (Birth certificate, School Transfer/Leaving Certificate, PAN Card, Passport, etc)
• A self-undertaking affidavit on ₹20 non-judicial stamp paper.

Application Procedure for Legal Heir Certificate in Uttar Pradesh 

The applicant can get a legal heir certificate in Uttar Pradesh by following the below-mentioned steps:

Approach the Taulk/Tehsildhar Office

Step 1: The applicant has to visit the nearest Taulk or Tasildhar office of your area to collect the application form for a legal heir certificate.

Complete the Details

Step 2: The applicant must fill the application form with appropriate details such as

• Applicant name
• Names of all the family members and their relationship with the deceased
• Applicant Signature
• Deceased Person details
• Residential Address
• Mobile Number

Attach the Required Documents

Step 3: After filling the application form, attach the required documents along with it.

Submit the Application Form

Step 4: Carry the duly filled application form along with the documents to the same Taulk or Tehsildar office.

Make Payment

Step 5: Upon submission, the applicant must make a specified payment to proceed further.

Receive Acknowledgement Number

Step 6: After making payment, the applicant will receive acknowledgement number as the confirmation of submission.

Note: Then the concerned authority will check the application submitted, and after verification, the certified copy of legal heir will be issued to the applicant.

Procedure to Obtain a Legal Heir Certificate in Gurugram

1. Application Submission: The legal heir must approach the district court or the Taluk office and submit a duly filled application form.
2. Document Attachment: Attach necessary documents, including the death certificate, identity proofs, and address proofs of the legal heirs and the deceased.
3. Verification Process: The application undergoes a verification process, which may include local inquiries.
4. Certificate Issuance: Upon successful verification, the Legal Heir Certificate is issued.

How to Apply : The online method to apply for this certificate is as follows (For Gurugram Only)

Step 1: Log on to the website

The applicant has to log on to the official website of the State Portal.

Step 2: Antyodaya Saral 

The State Portal called as Antyodaya Saral appears.

Step 3: Enter Login ID and Password

The applicant has to enter the login Id and password if the applicant has already registered in the portal.

Step 4: New User

If the applicant is a new user, he/she can register in the portal by clicking on the New user option.

Step 5: Citizen Registration appears

Once the citizen registration appears, the following details have to be entered.

• Full Name
• Email ID
• Mobile number
• Password
• State

Step 6: Click on Validate

After entering all the details, the applicant has to click on the Validate button.

Step 7: Application Procedure

After registering with the portal. The applicant can proceed with the application procedure.

Step 8: Submit the Application

The applicant, after entering all the details, have to submit the application form.

Step 9: Application ID

The applicant has to note down the application ID to track the status of the application.

Status Check

The applicant has to follow the below steps to check the application status.

Step 1: Log on to the website

The applicant has to log on to the State Portal.

Step 2: Enter the details

The applicant has to enter all the details in the ‘Track Your Application’ section.

Step 3: Click Check Status

The applicant then has to click on Check Status to view to the status of the application.

Conclusion

Understanding the distinction between a Legal Heir Certificate and a Succession Certificate is crucial for the smooth transfer of assets and fulfilling legal obligations after a person’s demise. While the Legal Heir Certificate is more about establishing a relationship with the deceased, the Succession Certificate is about the legal right to financial assets. It’s advisable to seek legal assistance to navigate these processes efficiently.

Posted On: 2024-04-15