Legal heir certificate and succession certificate are entirely different.
If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for a Succession Certificate. This certificate can be used for the purpose of transferring Electricity connection, Telephone connection/Patta transfer, House Tax, Bank Account, Filing of IT Returns etc.
LEGAL HEIR CERTIFICATE
If the deceased person is a Government servant then the legal heir certificate is issued for approval of family pension, or to get appointments on concerned grounds. Legal Heir certificate is also provided for various other reasons as-well.
WHEN IS IT REQUIRED?
A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.
WHO ISSUES THESE CERTIFICATES?
- Legal Heir certificates are is issued by Tahsildar of the district to identify a particular deceased person’s existing legal heirs
- Succession certificates are issued by the court to the legal heirs of a deceased person.
WHO CAN APPLY?
- Only legal heirs can apply for succession certificate
- Son/daughter/husband/wife/parents of the dead person can apply for a legal heir certificate
- Documents required obtain succession certificates are
- Death Certificate of the deceased
- Time and place of Death
- Name of all legal heirs and relationship with the deceased.
- Required Documents to obtain Legal Heir Certificate are
- Original Death certificate, Identity Card
- Ration Card
- Name of Family members and relationship
- An affidavit on a stamp paper of value Rs. 20.
- For succession certificate, three percentages or more or less percentage of total value of the property will be charged.
- To issue a legal heir certificate Rs. 2 for a stamp and Rs. 20 for stamp paper for affidavit. Sometimes officials may ask for extra fee or additional fee to pay to the Advocates.
- In the case of succession certificate a newspaper notification with a notice period of 45 days is issued by the court. Any person having a problem with it can file objection. If the court doesn’t receive any objection, it will issue succession certificate. This process may take 5-7 months.
- 15 to 30 days are needed to issue legal heir certificate.
IMPORTANCE OF THESE DOCUMENTS
- The succession certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of the deceased.
- Legal certificate is used for gratuity, pension, insurance, PF, retirement claims etc.