What is the difference between a Legal Heir Certificate and a Succession Certificate, and how do I get one?

A Legal Heir Certificate lists all legal heirs of the deceased and their relationship to them. It is issued under state-specific revenue rules — there is no single central law governing it, so the exact procedure varies slightly by state.

Commonly accepted for:

• Transferring property (land, house) into heirs' names at the local municipal/revenue office
• Claiming the deceased's pension, gratuity, or provident fund from an employer or government department
• Transferring utility connections, ration cards, and government scheme benefits
• Claiming small savings instruments (Post Office schemes) up to a threshold set by that institution

Many nationalised banks will also accept a Legal Heir Certificate for smaller account balances (the threshold varies by bank, typically ₹1–5 lakh), but private banks and high-value accounts usually insist on a Succession Certificate.

A Succession Certificate is issued by a District Judge under Part X (Sections 370–390) of the Indian Succession Act, 1925. It authorises the holder to collect debts and securities due to the deceased and to give valid discharge to anyone paying them.

You need this specifically for:

• Bank accounts and fixed deposits above the bank's Legal Heir Certificate threshold
• Shares, mutual funds, and demat holdings
• Bonds, debentures, and other financial securities
• Any 'movable property' dispute where an institution demands court authority before releasing funds

A Succession Certificate does not cover immovable property (land/house) — that is handled through the Legal Heir Certificate, a registered Will, or a probate, depending on the situation.

1. Visit the Tehsildar/Taluk office or municipal corporation having jurisdiction over the deceased's last residence.
2. Submit an application (many states now offer this online via the state's e-District or revenue portal) with: death certificate, applicant's ID and address proof, ration card or family register extract, and an affidavit listing all legal heirs.
3. Local enquiry: a Revenue Inspector or Village Administrative Officer typically verifies the family details, sometimes with a physical visit or by checking local records.
4. Certificate issued — typically within 15–30 days if there is no dispute among heirs.
5. If any heir disputes the list, the Tehsildar may refer the matter to a civil court, which converts this into a longer process.

1. File a petition before the District Judge (or High Court in some jurisdictions) having authority over the area where the deceased ordinarily resided, under Section 372 of the Indian Succession Act. Include: death certificate, family tree/heirship details, and a list of the debts/securities you want authority over.
2. Court issues public notice — typically published in a newspaper and displayed on the court notice board, inviting objections within 30 days.
3. If no objection is filed, and the court is satisfied with the heirship evidence, it grants the Succession Certificate.
4. If an heir objects, the matter proceeds as a contested civil case — this is what stretches the timeline well beyond 6 months in disputed families.
5. Court fee: calculated as a percentage of the value of the securities/debts claimed (varies by state, typically 2–3%), payable as court fee stamps — factor this in before filing, especially for large bank balances.

• Legal Heir Certificate: fastest and cheapest; use it first for pensions, employment dues, utility transfers, and immovable property mutation where the local authority accepts it.
• Succession Certificate: required specifically for movable financial assets (bank accounts, shares, bonds) when the Legal Heir Certificate is not accepted, or when there is no Will.
• Probate: only relevant if the deceased left a registered Will — a probate proves the Will's validity and is mandatory in Kolkata, Chennai, and Mumbai (the three Presidency towns) for immovable property, and is generally advisable elsewhere for high-value estates to avoid future challenges.

If a valid Will exists, banks and registrars will usually ask for the Will (with probate where mandatory) instead of either certificate — check with the specific institution before starting either process.