Legal Heir vs Succession Certificate – Key Differences Explained

Death can be a difficult thing to deal with, especially if it is a loved one. However, once the dust settles, the inheritance will be the centre of attention. The statement might sound crass, but it’s true. However, getting your inheritance is no joke. A lot of things come into play.  

An important aspect of claiming your inheritance is understanding the legal connotation of the legal heir vs succession certificate. Many people confuse these documents with a single document. However, they are different.  

In this article, we will examine the entire conversation and see how it pans out. So, follow along to learn all you can about legal heir and succession certificates.

Figuring Out The Basics

A crucial aspect of understanding this conversation is to understand the basics. This is because many factors govern the country’s inheritance law. Therefore, understanding the basics is quite important. It decides whether you will receive your inheritance.  

The entire process is riddled with statutory provisions and correct paperwork. Which, in turn, can make and break anything. Therefore, understanding these concepts individually is absolutely crucial.  

Let’s go! 

What Is A Legal Heir Certificate? 

A legal heir certificate is actually a document issued by the local authorities. The revenue department usually issues this documentation. The primary purpose of the document is to establish the relationship between the deceased and you.  

This certificate is usually used to claim benefits such as employment dues, insurance payouts, or pensions. This is also used to update records and transfer financial liabilities, such as utility bills and taxes.  

The process is relatively simple and can take up to 15 days to complete. The applicant needs to provide proof of the relationship and the deceased’s death.  

What Is A Succession Certificate? 

A succession certificate, on the other hand, is a document issued by a civil court under the Indian Succession Act of 1925.  The document is used specifically to claim the assets of a deceased person by their living successor.  

Succession assets include everything from bank accounts and bonds to other financial assets. This is not a simple process like the former; it takes time. The process has three crucial stages: filing, public notice, and waiting for objections. 

The entire process can take around 45 days to a year. Once approved, the certificate would give legal responsibility to the applicant. This is a legally binding document.  

Legal Framework Of The Duo 

One common aspect of the legal heir vs succession certificate is their common roots in the legal side of things. However, there are some differences. Firstly, a legal heir certificate has no standing under the central statute, but most government departments still accept it. 

On the other hand, a succession certificate has a solid legal foundation in Sections 370 and 380 of the Indian Succession Act of 1925. As a result, a succession certificate has stronger legal standing and carries greater weight.  

Another point of difference between the two is the way they exercise their authority. Legal heir certificate derives its jurisdiction from the local administration. Meanwhile, a succession certificate derives its authority from the country’s judicial system.  

Key Difference: Legal Heir vs Succession Certificate

The differences between the two are not over; there are other aspects or points of difference as well. Here they are:  

This was a general overview of how these two legal documents differ. However, we are not done yet. There is mor to the legal heir vs succession certificate conversation.  

When Do They Come In Handy?

Both of these documents are crucial, to say the least. However, both have distinct uses. Assuming that your father passed away. As a result, you will now have to transfer a utility bill in your name legally. This is where a legal heir certificate will come in handy.  

However, if your father has made a fixed deposit of around 10 lakh rupees, then you need a succession certificate. This is one of the key differences between the two. One lets you take over the deceased’s responsibility, and another enables you to take on their fortune. 

In situations where a deceased has multiple heirs, the succession certificate is an essential document. It is the only legally binding document that can help a person prove the legitimacy of their claim.  

How To Apply For Each Certificate?

Well, we have already understood the differences between these two documents. However, for a better understanding, we must also consider how these two documents can be obtained.  

This can become a crucial point for understanding these two documents. Therefore, here is a brisk rundown of how to apply for these two respective documents. Let us five right in! 

Legal Heir Certificate

Applying for legal heir is comparatively simpler. Here is a detailed and concise rundown of the application process: 

• Apply to the local municipal office or the tehsildar.  
• Attach all required documentation with the application: Aadhaar, death certificate, and family details.  
• Verification of more information by a local officer.  
• The review process takes seven to fifteen days. 

Succession Certificate

Obtaining a succession certificate is comparatively more time-consuming. Here is a rundown of how you can obtain a succession certificate: 

• Filing a petition to the district court with detailed documentation of the deceased and their assets. 
• The court issues a public notice inviting people who raise objections to a cool-off period of at least 45 days. 
• If no one objects, the court grants the certificate.  
• The certificate can then be used to get access to the wealth.  

Validty & Limitations

Legal heir and succession certificates have their authority and power. However, they do have their specific limitations. For example, succession certificates apply only to movable assets. Therefore, immovable assets such as land, house, etc., are not covered under the certificate.  

Similarly, a legal heir certificate is not sufficient to transfer ownership of the assets. It can only be used for bills and utilities. In other words, a legal heir certificate is only relevant for administrative tasks and nothing else.  

Facts Vs Myth

As we dove deep into the research hole, we realised that both of these documentations come with their own air of facts and myths. Here are some facts and myths that you need to understand: 

• Myth: Both of these documents are similar in execution and authority. 
• Fact: Both of them are different in essence and execution. 
• Myth: Legal heir is enough to make bank claims. 
• Fact: Banks require succession certificates.  
• Myth: A succession certificate can be notarized. 
• Fact: It cannot be notarized; it needs to be issued by a civil court.  

Taking A Look Back

The biggest and most important aspect of the Legal Heir vs Succession Certificate is that both are useful after a person passes away. However, one is used to establish the legitimacy of a claim, and the other is used to exercise authority. 

Then again, one must never think that either of the two is less powerful. Both of these documents are useful in different settings. Therefore, understanding these differences is crucial.  

FAQ 

We have covered all the necessary documents that you might need. However, we have identified three crucial questions. Here we go! 

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