Difference Between Legal Heir Certificate and Succession Certificate?

Legal heir certificates and the succession certificate are totally different from each other.  Many people get confused between the two. Let me help you understand the

difference between legal heir certificate and succession certificate with my detailed answer. 

Legal heir certificate vs succession certificate: Difference 

• A Legal Heir certificate is issued by the tahsildar of the district. 

• It is issued to recognize the deceased person's actual living heirs.

• A son, daughter, husband, wife, parents of the deceased person can apply for a legal heir certificate.

• A succession certificate is issued by the court to the deceased person's legal heirs. 

• It is needed when someone inherits any movable property or immovable property under the different property laws in the country.

Now that you have understood the

difference between succession certificate and legal heir certificate, let’s take a look at the documents required to get the two.

• Original death certificate

• Identity Card

• Ration Card

• Name of the family members and relationship with them

• An affidavit worth Rs.20 on a stamp paper.

• Original death certificate of the deceased person

• Time and place of death

• Names of all the legal heirs with their status of relationship with the deceased.

After understanding the

difference between heirship certificate and succession certificate and required documents for the same, let us take a look at the fee required to get these documents. 

• Legal heir certificate:

  For the stamp, Rs. 2 and Rs.20 for the stamp paper for affidavit.

• Succession certificate:

  3% of the total value of the property will be indicted.

One of the major factors to understand

succession certificate and legal heir certificate difference is the

time period required to obtain them. Here are the details for the same.

• Legal heir Certificate:

  Around 15 days to 30 days 

• Succession certificate:

  First of all, a newspaper notice for a span of 45 days is issued by the court so that if any individual has any kind of objection towards the advertisement they will have a chance to file an opposition in the court. If the objections are received by the court, it might take time for the issuance of the succession certificate till all of them are cleared.

I hope all your doubts related to

difference between legal heir certificate and succession certificate are clear now. Let me know in the comments if you have any more questions.

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Hi Friend,

I have been a legal practitioner for 20 years. I love providing legal property advice to my clients. I have noticed many of my clients are a bit confused when it comes to the rivalry between the succession certificate VS legal heir certificate. Hence, today I would love to provide certain insights about both the certificates according to my knowledge.

The Indian Succession Act of 1925 establishes the laws and provisions governing any deceased person's property, whether movable or immovable. The statute establishes two types of certificate: 

• legal heir certificate 

• Succession certificate

Before discussing the difference between succession certificate and legal heir certificate, let us understand that these certifications are crucial and required in order to obtain a deceased person's assets. It also establishes who has a legitimate claim to the deceased's property and who is the deceased's, legal heir.

A legal heir certificate is issued to identify the testator's beneficiaries, whereas a succession certificate is issued to demonstrate the beneficiaries' legality and validity, as well as to provide the rights to the testator's assets and securities.

I hope this answer suffices for your query about succession certificate VS legal heir certificate. I hope this helps:)

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