Legal heir certificate vs Succession certificate | Fusion - WeRIndia

Both legal heir certificate and succession certificate are issued to the legal heirs or successors of the deceased. Both serve different purposes. Both certificates are used to establish relationship between the deceased and their legal heirs or successors. If the deceased has properties and other assets where they do not write any will, banks and other financial institutions depend upon a succession certificate or legal heir certificate to transfer such properties on the name of their successors.

Here are the differences between both legal heir certificate and succession certificate:

While a legal heir certificate can be obtained by any of the legal heirs like children, parents, spouse and siblings, a succession certificate can be obtained only by successors like children and grandchildren.

A legal heir certificate has limited purpose in the Succession Act. It serves the purpose of claiming benefits of the deceased. These include pension, provident fund, transfer of shares, securities, deposits, electricity bill connection etc. On the other hand, a succession certificate is required to transfer movable or immovable properties of the deceased on the name of their successors. However, in some cases, legal heir certificate is also accepted for this. If it is not accepted by relevant authorities, then a succession certificate can be submitted. 

Legal heir certificate can be obtained by the district officer or administrative officer while succession certificate can be obtained by the district court near to the residence of the deceased. Since it is issued by the court, it cannot be ignored by anybody during the transfer of the movable or immovable properties of the deceased. Obtaining the succession certificate might take a long time as thorough verification process is required for this. If dispute arises among the legal heirs, in such cases, the revenue officer shall not give legal heir certificate, but have to direct them to get the certificate from the court. 

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