Many people think Legal Heir certificate Vs Succession certificate are the same. If you want to know the differences, keep reading!
Succession Certificate – An Overview
The appropriate court provides succession to the person or group who has been recognized as the legal successor of the deceased and is granted by the court jurisdiction over all of the dead person’s assets, liabilities, and rights.
Only a Succession Certificate issued by the District Judge by Section 381 of the Indian Succession Act, 1925, will be conclusive evidence of a deceased person’s successor. Even after a person has passed away, the court might step in to help manage any remaining assets or debts. The court names his lawful heirs without the need for a will and issues a succession certification to those heirs. In addition to assuming ownership of the securities, the heir also assumes responsibility for the deceased’s debts, which the successor must pay in full.
It feature the names of the deceased and their successors, their respective addresses and other relevant details, and information about their relationships, such as how they were linked.
To receive this certificate, you must meet the following requirements:
- Those claiming to be the heir apparent to the late leader or leader’s family.
- Those who have been recognized as successors by a court of law.
Legal Heir Certificate – An Overview
Every person claiming to be a deceased person’s legal heir must get a legal heir certificate.
An unexpected death in the family is possible. Legal heirs must get a legal heir certificate to inherit the rights of the deceased in various schemes or investments formed during his lifetime or to which he was eligible if no nominee was nominated.
For the legal heirs to claim any bank balance, property, insurance, retirement plans, gratuities, or other benefits held in the name of the deceased individual, they would need a legal heir certificate.
Obtaining a certificate of legal heirship is required by:
- Ancestors who have passed away
- Bereaved husband or wife
- Survivors’ children or;
- The deceased’s siblings.
Legal Heir Certificate Vs Succession Certificate
Many believe that a “Succession Certificate” and a Legal Heir Certificate are interchangeable terms. Although they appear to serve the same function, they are frequently viewed as distinct from a legal perspective, even if they do the same goal of protecting the rights and obligations of the deceased’s heirs. A legal heir certificate is necessary for the transfer of property or entitlement to benefits titled to the decedent. In contrast, the succession certificate is valid for the permitted successors claiming the deceased’s movable and immovable property.
Purpose – Succession Certificate
For the legal heir to be able to purchase real estate in their name, they will need a succession certificate. The certificate transfers the deceased’s debts to their heirs and executors.
The certificate also ensures the safety of the deceased’s creditors in accepting funds from the legal heirs.
By law, heirs of property or financial assets must show their claim without nomination or will. The letter of administration or the succession certificate may require an heir in several situations, depending on the asset’s value.
The succession certificate is necessary for any movable property, including pension funds, bank accounts, stocks, bonds, and other financial assets. When claiming ownership of land or jewelry, the letter of administration must be produced to substantiate your claim.
For example, if the dead person had loaned money to a firm or an individual, the lender may seek the deceased person’s heirs for documentation that the deceased person had made the loan. In this scenario, the heirs will need the court to provide them with a certificate stating that they are legally entitled to inherit from the deceased ’s estate.
Purpose – Legal Heir Certificate
Obtaining benefits such as pensions, electricity bills, and other entitlements that the dead were entitled to by the legal successor requires a legal heir certificate, which has little importance in the Succession Act.
- To pass the goods and assets of the decedent to his heirs and assigns.
- In the event of an insurance claim.
- To approve and process the family pension of the employee who passed away.
- To be eligible for payments from the government, such as provident funds and gratuity, among other things.
- To be entitled to the decedent’s unpaid salary arrears, regardless of whether the decedent was a state or federal government employee.
- To secure work through the use of compassionate appointments.
Applicant Eligibility
Succession Certificate: Only the deceased’s heirs (children or grandchildren) have the right to get a succession certificate from the appropriate court.
Legal Heir Certificate: Legal heirs, such as the deceased’s parents, spouse, children, or siblings, are the only ones who can access the deceased’s estate.
Authority to Issue
Succession Certificate: A court that is located in the vicinity of the deceased’s home.
Legal Heir Certificate: District Revenue Officer / Municipality Administrative Officer
Conclusive Evidence of Real Estate Heirship
Succession Certificate: As required by the Indian Succession Act of 1925, the answer is yes.
Legal Heir Certificate: No.
Term of Allotment
Succession Certificate: Allotment may take up to two months because the certificate must be posted in the news daily for a specified period to elicit objection.
Legal Heir Certificate: Within ten to fifteen days is the norm.
Subsidiary Documents
Success Certificate: A court-issued document that must be followed when transferring or inheriting real estate.
Legal Heir Certificate: Used as a subsidiary document to claim legal heirship in property transfers.
How to Obtain a Succession Certificate?
A petition for the grant of a succession certificate can be filed with any competent court near the deceased person’s location to obtain a succession certificate. The court issues a succession certificate after receiving all the necessary confirmation from the deceased’s heirs and relevant parties and an advertisement in a local newspaper.
How to Obtain a Legal Heirship Certificate?
To receive an official legal heirship certificate, you must apply to the relevant regional administrative officer or the local municipality. Anyone claiming to be a legitimate inheritor will be given an official legal heir certificate by the appropriate authorities (such as the tehsildar/talukdar or another officer designated explicitly for this purpose).
FAQs related to Legal Heir Certificate Vs Succession Certificate
1. Can legal heir sell property without succession certificate?
Yes, a legal heir can sell the property without a succession certificate if the property is self-acquired by the deceased and there are no disputes among the legal heirs. However, in case of disputes or inherited property, a succession certificate may be required.
2. What is the difference between heirs and successors?
Heirs are individuals who are entitled to inherit the property of a deceased person, while successors are individuals who actually inherit the property. In other words, all successors are heirs, but not all heirs are successors.
3. Is legal heir certificate and family member certificate the same?
A legal heir certificate and a family member certificate are not the same. A legal heir certificate is a document that establishes the relationship between the deceased and the legal heirs, while a family member certificate is a document that certifies the members of a family for various purposes.
4. What is the alternative to succession certificate?
The alternative to a succession certificate is a probate, which is a legal document that certifies the validity of a will and the appointment of an executor. A probate is required when the deceased has left a will, while a succession certificate is required when the deceased has not left a will.
5. Is legal heir certificate necessary?
A legal heir certificate is necessary for claiming the rights of the deceased, such as property, pension and insurance. It is also required for obtaining a family pension, gratuity and other benefits from the government.
Conclusion
These are a few of the differences between certificates. If you want help with any of the certificates, you can contact Vakilsearch.
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