Difference between Legal Heir Certificate & Succession Certificate

Last Updated at: October 16, 2020
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Latest Update

On March 6 2020

As per Companies (Incorporation) Amendment Rules, 2020, notified by the MCA, e-Forms SPICe (INC 32) and INC 35 (AGILE) have been substituted with SPICe+ (INC 32) and INC 35 (AGILE PRO) with effect from 23rd February.

 

difference between legal heir certificate and succession certificate

Legal heir certificate and the succession certificate are totally different from each other.  If the head of the family or any member of the family passes away, then the next legal heir who is directly related to the deceased such as his/her husband, wife, son, daughter, mother has eligibility to apply for the succession certificate. This certificate can be used to transfer the telephone connection, electricity connection, house tax, filing of IT returns, datapatta transfer etc. From the transferring property to claiming insurance, one needs to get a legal heirship certificate from court. Legal heir certificate is also called as the legal heirship certificate from court. Let us see the legal heir meaning and succession certificate meaning further in the blog.

If the deceased person is a government employee then the legal heirship certificate from court is issued for the sake of family pension or any kind of appointments on the necessary grounds. Legal heirship certificate from court is also issued for the sake of transfer of property for both the movable assets and the immovable assets.

Legal Heir Certificate online

A Succession Certificate is needed when someone inherits any movable property or immovable property under the different property laws in the country. Most of these concerns come under the Hindu Succession Act. While some of the issues come under the Indian Succession Act or the community act. Issues are required to be known in the right perspective for both the categories.

Issuance Of Certificates

Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person living heirs and the succession certificates are issued by the court to the deceased person legal heirs.

Eligibility For Applying The Legal Heir Certification And The Succession Certification

  • Legal Heir Certificate: Son, daughter, husband, wife, parents of the deceased person can apply.

Here is the Format of the Legal Heir Certificate online download.
Download

  • Succession Certificate: Only legal heir can apply. Other than legal heir no one has a chance to apply.

Required Documents:

Legal Heir Certificate:

  1. Original death certificate
  2. Identity Card
  3. Ration Card
  4. Name of the family members and relationship
  5. An affidavit worth Rs.20 on a stamp paper.

In TNeGA, you can log in to check the status of your legal heir certificate online. – REV-114 Legal Heir Certificate.

TNeGA

Succession certificate:

  1. Original death certificate of the deceased person
  2. Time and place of death
  3. Names of all the legal heirs and their relationship with the deceased person.

Get to know more about Succession certificate under the Indian Succession Act.

Required Fee

  • Legal heir certificate: Rs.2 for a stamp and Rs.20 for stamp paper for affidavit will be essential.
  • Succession certificate: Three per cent of the total value of the property will be indicted.

Time Period

  • Legal heir CertificateAround 15 days to 30 days are required for the issuance of the legal heir certificate.
  • Succession certificateFirstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone ten the succession certificate is issued immediately.

Claim your inheritance with our expertise

Significance Of Legal Heir Certificate And Succession Certificate

  • Legal heir certificate: This certificate is used for many purposes such as insurance, gratuity, PF retirement claims, pension etc.
  • Succession certificate: This certificate is used for possession or transfer of the property or security or paying the debts on behalf of the deceased person or for collecting the debts or security on behalf of the deceased.

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Difference between Legal Heir Certificate & Succession Certificate

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Legal heir certificate and the succession certificate are totally different from each other.  If the head of the family or any member of the family passes away, then the next legal heir who is directly related to the deceased such as his/her husband, wife, son, daughter, mother has eligibility to apply for the succession certificate. This certificate can be used to transfer the telephone connection, electricity connection, house tax, filing of IT returns, datapatta transfer etc. From the transferring property to claiming insurance, one needs to get a legal heirship certificate from court. Legal heir certificate is also called as the legal heirship certificate from court. Let us see the legal heir meaning and succession certificate meaning further in the blog.

If the deceased person is a government employee then the legal heirship certificate from court is issued for the sake of family pension or any kind of appointments on the necessary grounds. Legal heirship certificate from court is also issued for the sake of transfer of property for both the movable assets and the immovable assets.

Legal Heir Certificate online

A Succession Certificate is needed when someone inherits any movable property or immovable property under the different property laws in the country. Most of these concerns come under the Hindu Succession Act. While some of the issues come under the Indian Succession Act or the community act. Issues are required to be known in the right perspective for both the categories.

Issuance Of Certificates

Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person living heirs and the succession certificates are issued by the court to the deceased person legal heirs.

Eligibility For Applying The Legal Heir Certification And The Succession Certification

  • Legal Heir Certificate: Son, daughter, husband, wife, parents of the deceased person can apply.

Here is the Format of the Legal Heir Certificate online download.
Download

  • Succession Certificate: Only legal heir can apply. Other than legal heir no one has a chance to apply.

Required Documents:

Legal Heir Certificate:

  1. Original death certificate
  2. Identity Card
  3. Ration Card
  4. Name of the family members and relationship
  5. An affidavit worth Rs.20 on a stamp paper.

In TNeGA, you can log in to check the status of your legal heir certificate online. – REV-114 Legal Heir Certificate.

TNeGA

Succession certificate:

  1. Original death certificate of the deceased person
  2. Time and place of death
  3. Names of all the legal heirs and their relationship with the deceased person.

Get to know more about Succession certificate under the Indian Succession Act.

Required Fee

  • Legal heir certificate: Rs.2 for a stamp and Rs.20 for stamp paper for affidavit will be essential.
  • Succession certificate: Three per cent of the total value of the property will be indicted.

Time Period

  • Legal heir CertificateAround 15 days to 30 days are required for the issuance of the legal heir certificate.
  • Succession certificateFirstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone ten the succession certificate is issued immediately.

Claim your inheritance with our expertise

Significance Of Legal Heir Certificate And Succession Certificate

  • Legal heir certificate: This certificate is used for many purposes such as insurance, gratuity, PF retirement claims, pension etc.
  • Succession certificate: This certificate is used for possession or transfer of the property or security or paying the debts on behalf of the deceased person or for collecting the debts or security on behalf of the deceased.

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