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| Basis | Succession Certificate | Legal heir Certificate |
| Why is it necessary? | For movable property such as shares, PFs, bank deposits, loans, or other securities, a succession certificate is necessary. It ensures that debts are collected on succession and protects parties paying debts to the deceased's representatives, as the successor acts as a trustee and accumulates the debt. | For payment transfer, rely on the company and banks; a Legal Heir Certificate is frequently used to transfer patta for a property from the deceased person's name to theirs, accumulate ex-gratia payment claims paid by the government to the deceased person, and so on. |
| Who has the authority to issue it? | Legal Heirs | Legal Heirs |
| Who has the authority to award a certificate? | The District Judge in the jurisdiction where the deceased usually lived at the time of his or her death, or, if the deceased did not have a permanent place of residence at the time of his or her death, the District Judge in the jurisdiction where any part of the deceased's property falls, may grant a certificate. | The Taluq's Revenue Officer |
| Impact | The person who receives the certificate may become interested in, or receive dividends on, the property, as well as transfer or negotiate it. | A legal heir certificate can also be used to collect money owed to the deceased because it proves the legal heir's relationship. |
| Evidence of representative status | A succession certificate also serves as evidence of representative status. | Though a legal heir certificate can serve as a strong indicator, it is not conclusive. |
| Obtaining the certificates | It is slightly more difficult to get than a Legal Heir certificate because it requires petition submission before a competent court as well as payment of a predetermined cost. | It is relatively simple to obtain because it only requires proof of relationship to be presented to the Revenue officer. |
| Required documentation | In addition to the requested document, which includes the names of legal heirs and family members, as well as information on the debts and securities for which the certificate is used, there is a court charge. A NOC from family members may also be requested, or the honourable Court may seek verbal confirmation of the same. Death certificate, departmental service certificate in the event of a serving employee, pensioner payment slip, Aadhar card, if applicable, and names and relationships of family members. | The following documents are required for the issue of a Legal Heir Certificate: Death certificate, departmental service certificate in the event of a serving employee, pensioner payment slip, Aadhar card, if applicable, and names and relationships of family members. |
Difference Between Legal Heir Certificate and Succession Certificate?
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May 16, 2022
2022-05-16T12:38:54+00:00 2023-06-22T12:19:40+00:00Comment
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