Succession Certificate vs Legal Heir Certificate: Understand the Key Difference and Their Legal Use
When a family member passes away, transferring their property, bank deposits, or financial assets often becomes a complex legal process. In such cases, two important documents help establish rightful ownership — the Succession Certificate and the Legal Heir Certificate. Though both sound similar, they serve different legal purposes and are issued by different authorities. Knowing which one you need can make your property or financial claim process smoother and faster.
⚖️ What is a Succession Certificate?
A Succession Certificate is a legal document issued by a civil court. It is primarily required for transferring movable assets of a deceased person such as bank deposits, shares, bonds, or insurance claims.
-
It certifies the rightful heir(s) to receive the deceased’s movable property.
-
Banks, financial institutions, and companies often demand this certificate before releasing funds or securities.
-
The court issues it after verifying the claim and notifying other possible heirs.
🏠 What is a Legal Heir Certificate?
A Legal Heir Certificate is issued by the state government through the revenue department, municipal office, or tehsildar.
-
It identifies the legal heirs of the deceased — typically the spouse, children, or parents.
-
This certificate is used to claim pensions, government benefits, or for mutation of immovable property like land or house.
-
To obtain it, applicants must submit the death certificate, ID proofs, and family details to the local authority.
🔍 Key Differences Between Succession and Legal Heir Certificate
| Basis | Succession Certificate | Legal Heir Certificate |
|---|---|---|
| Issuing Authority | Civil Court | State Government / Revenue Department |
| Purpose | For transfer of movable property like bank deposits, shares, or insurance claims | For pension, government benefits, and immovable property (land, house) |
| Application Process | Court procedure, public notice to other heirs | Local authority application with family and ID proofs |
| Time Required | Longer (depends on court process) | Comparatively quicker |
| Legal Value | Accepted by courts and financial institutions | Accepted by government offices and local authorities |
📜 When Do You Need Which Certificate?
-
Succession Certificate: When the deceased has bank accounts, fixed deposits, shares, or insurance policies.
-
Legal Heir Certificate: When dealing with pension claims, property mutation, or government compensation.
In some cases, especially for large estates or complex financial matters, both certificates might be required depending on the institution’s policy or state regulations.
💡 Expert Advice
Before applying for either document, determine whether the assets involved are movable or immovable. Choose the certificate accordingly to avoid legal delays. Also, ensure all necessary documents like death certificates, identity proofs, and relationship evidence are prepared in advance.
By understanding the distinction between these two certificates, heirs can make inheritance processes transparent, dispute-free, and legally valid.
