How are succession and legal heir certificates different from each other?
legal heir certificates as these offer authenticity to heirs for the purpose of passing on the deceased’s assets. Here’s how these certificates differ in terms of purpose and scope, as well as the process for obtaining these.
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What is succession certificate?
It is a legal document which, along with other certificates, facilitates the transfer of financial or movable assets like bank savings, fixed deposits, shares, provident fund. It also enables inheriting the debts and loans of the deceased. It cannot, however, help in the transfer of immovable assets like property. It is issued by a civil court or district court in the relevant jurisdiction, which is determined by the place where the deceased resided or where his immovable properties are located. The process of obtaining a succession certificate is governed by the Indian Succession Act, 1925.
How to obtain it?
Submit a petition in the civil or district court of competent jurisdiction. You will have to attach supporting documents like death certificate and PAN card, and pay the court fee. After the admission of petition, the court will issue a public notice in a newspaper to invite any objections within 45 days. It will also set a date for hearing to consider all objections and verify the petition. If satisfied with the claim of the applicant, the succession certificate will be issued. This process can easily take 3-6 months.
What is legal heir certificate?
It is also a legal document that, in the absence of a will or nomination of beneficiaries, helps establish the relationship between the deceased and his legal heirs as per the succession laws in India. It enables a smooth transfer of immovable property and financial assets like
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