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Legal Heir / Succession Certificate

Legal Heir Certificate

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Legal Heir/Succession Certificate

Succession certificate is a legal document granted to the legal heirs of a person who has died intestate i.e. without a will. A succession certificate helps in establishing the legal heirs of a person and allot the debts and assets owned by the deceased. A court grants a legal heir certificate to the successors of the deceased and helps them in transferring the debts and securities of the deceased in their own name.

Legal heir certificate is an important legal document that is used to determine the appropriate successor for the ownership of an asset or a property on the sudden demise of the registered owner. Legal heir certificate is issued by the Tahsildar after conducting a proper investigation with the appropriate heirs.

A legal heir certificate/succession certificate is granted by the court in accordance with the personal laws governing the deceased person and his/her legal heirs. The securities for which such certificate is required include all kinds of stocks, debentures, bond, promissory note or shares. It is also pertinent to obtain a legal heir certificate to establish a relationship between the deceased and the claimants in case of pension, life insurance, etc. before different government authorities.

During property registration, the buyer should always ask for the legal heirs certificate to ascertain ownership of the property being purchased. In some cases, if there is more than one legal heir for a property, all legal heirs should sign on the deed of conveyance.

Procedure for Obtaining Succession Certificate

To obtain a succession/legal heir certificate, a succession certificate application is filed by the family legal professional with the District Court who has jurisdiction over the area where the deceased used to live at the time of his/her death. The application must include details liked the time of death, address, and details about the relatives.

Importance of Legal Heir Certificate & Succession Certificate

  • Legal heir certificate: Used for insurance, gratuity, PF retirement claims, pension etc.
  • Succession certificate: Used for possession or transfer of the property or for paying the debts on behalf of the deceased.
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