A legal heirship certificate from the court is necessary for transferring property or claiming insurance. Legal heirship certificates are also called legal heirship certificates from the court. We will explore the meanings of legal heir and succession certificate briefly in this blog.
Define Legal Heir Certificate
A legal heir certificate differs from a succession certificate in many ways. In the event of the death of the family’s head, wife, son, daughter, or mother, the next legal heir is eligible to apply for the succession certificate, as is the deceased’s spouse, mother, son or daughter. You can use this certificate to transfer your telephone, electricity, house tax, file your IT return, transfer your data patta, etc. If the deceased person is a government employee then the legal heir ship certificate from court is issued for the sake of family pension or any kind of appointments on the necessary grounds. Legal heir ship certificate from court is also issued for the sake of transfer of property for both the movable assets and the immovable assets.
Define Succession Certificate
According to the different property laws in the country, a succession certificate is required for anyone who inherits movable or immovable property. Some of these concerns fall under the Hindu Succession Act, while others fall under the Indian Succession Act or the Community Act. Issues need to be considered from both perspectives.
Issuance of Certificates
Legal Heir certificates are issued by the tahsildar of the district to recognize the actual deceased person’s living heirs and the succession certificates are issued by the court to the deceased person’s legal heirs.
Eligibility for Applying the Legal Heir Certification and the Succession Certification
- Legal Heir Certificate: Applicants can be sons, daughters, husbands, wives, and parents of deceased persons.
Here Is the Format of the Legal Heir Certificate Online Download.
- Certificate of Succession: Only legal heirs may apply for this document. Anyone else is not entitled to apply.
Register On- https://vakilsearch.com/succession-certificate
The Following Documents Are Required
For Legal Heir Certificate following documents are needed:
- Original death certificate
- Identity Card
- Ration Card
- Name of the family members and relationship
- An affidavit worth Rs.20 on a stamp paper.
In TNeGA – https://www.tnesevai.tn.gov.in/Citizen/PortalLogin.aspx, you can log in to check the status of your Legal heir certificate Tamil nadu online. – REV-114 Legal Heir Certificate.
For Succession Certificate Following Documents Are Needed:
- Original death certificate of the deceased person
- Time and place of death
- Names of all the legal heirs and their relationship with the deceased person.
Get to know more about Succession certificates under the Indian Succession Act.
Required Fee
- Legal Heir Certificate: ₹2 for a stamp and ₹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 Certificate: The issuance of the legal heir certificate typically takes 15 days to 30 days.
- Succession Certificate: Firstly, 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.
The succession certificate is issued immediately if no objections are received from anyone.
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.
Legal Heir Certificate vs Succession Certificate
We can draw the conclusion that legal heir certificates and succession certificates are two distinct legal entities with different purposes. The simple explanation provided here will help you quickly understand the meaning of these phrases.
- Contrarily, the Succession certificate offers protection to all parties in charge of such securities or outstanding debts with regard to any payments made to a person who has been granted a succession certificate. The testator’s heir must submit a petition for the succession certificate to the appropriate Court whose territory the testator’s property is located.
- The legal heir certificate is a legal document used to demonstrate a relationship between the testator and legal heirs who are eligible to inherit particular property. Due to its simpler legal process, this certificate may be used instead of a succession certificate.
In August 2020, the Honorable Supreme Court ruled that daughters who were born before the 2005 amendment to the Hindu Succession Act, 1956 would also enjoy equal coparcenary rights in HUF[1] (Hindu Undivided Family) properties, regardless of whether their father coparcener had already passed away before the amendment.
Conclusion
The aforementioned fact makes it clear that, despite their identical names, legal heir certificates and succession certificates are two separate legal documents with different functions.
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