When someone in the family passes away unfortunately, it’s not just an emotional loss. There is also the practical aspect like how to handle their money, property, and official matters.
To claim these, you need a proper legal set of documents that prove your relationship with the deceased one. In India, two similar documents are generally used: Succession Certificate and Legal Heir Certificate, each for a different type of asset claim.
This guide explains the Difference Between Succession and Legal Heir Certificate in India (2025 Guide) in simple terms like when you need each one, how to apply, and which one is right for you.
What is a Legal Heir Certificate?
A Legal Heir Certificate is an official document that outlines all the surviving family members (legal heirs) of the deceased. It is mainly issued by local government offices like the Tehsildar, Municipal Corporation, or the District Collector.
What is it used for?
This Legal Heir Certificate is useful when you need to transfer or claim things like:
Connection of electricity
House tax or property modification
Benefits of pension and insurance policies
Gratuity and provident fund of the deceased
Outstanding salary from government
This certificate is mainly used for non-movable assets like property and claims related to the government.
What is a Succession Certificate?
A Succession Certificate is a document granted by a civil court under the Indian Succession Act, 1925. It is needed when the legal heir wants to claim movable assets like money in the bank accounts, fixed deposits, shares, or bonds.
What is it used for?
This certificate provides legal permission to the heirs to:
Collect money from the banks or borrowers
Access savings, fixed deposits, and other financial related accounts
Transfer or claim shares and investments from the fund
Settle any remaining loans or liabilities of the deceased
Banks, mutual fund companies, and other financial institutions mainly demand a Succession Certificate before releasing any fund.
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Key Difference Between Succession and Legal Heir Certificate in India
Here is a table to help you understand the difference between Succession and Legal Heir Certificate in India 2025 in simple terms:
| Basis | Legal Heir Certificate | Succession Certificate |
|---|---|---|
| Issued by | Local revenue officer like Tehsildar or Municipal | District Civil Court |
| Purpose | To prove legal heir for property, pension, or govt dues | To claim bank accounts, money, or shares |
| Legal Power | Financial assets not valid | Valid for debts, securities, or bank deposits |
| Process | Local authority application | File petition in court |
| Time Needed | 15 to 30 days | 3 to 6 months or more |
| Can be Challenged? | Rarely challenged | Can be legally challenged |
| Cost | Very low govt fee | Court fee and lawyer fee |
How to Apply for a Legal Heir Certificate in India (2025)
Here is a step-by-step process to apply:
Visit the Office: Go to the local Tehsildar office, Revenue Office, or Municipality. In some states, an online application process is also available.
Fill the Form: Get the Legal Heir Certificate form and fill in the necessary details carefully.
Attach Documents: Submit copies of the deceased’s death certificate, your identity proof, and proof of address.
Submit an Affidavit: Point out all legal heirs and their relationship with the deceased one. You may need signatures from two witnesses as well.
Verification: Officials may also do a basic reference check or do the local enquiry for verifications.
Certificate Issued: If everything is in order and correct, then the Legal Heir Certificate will be issued in 2 to 4 weeks.
How to Get a Succession Certificate in India (2025)
Getting a Succession Certificate is usually a much longer and legal process. Here is a simple step-by-step guide:
Go to Civil Court: Apply for an application at the District Civil Court where the deceased last lived.
Provide Details: Give the court the name of the deceased one, list of debts, securities, your relationship, and a copy of the death certificate.
Public Notice: The civil court will issue a notice in the newspaper asking for any objections and it is kept open for 45 days usually.
Court Hearing: If no one has any objection, then the court proceeds to issue the certificate.
Pay Court Fees: You will need to pay a fee of usually 2 to 3% of the asset value. You may also need to hire a lawyer to get help.
Certificate Granted: Once your application is approved, the court issues the Succession Certificate at last.
Common Mistakes to Avoid
Never think that one certificate can do the work of the other certificate.
Make sure to ask the bank, office, or institution which certificate they require.
If there is a Will, then always find if a probate is needed or not.
Never submit incorrect or fake information, because this is a criminal offence.
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Final Thoughts
Understanding the difference between Succession Certificate and Legal Heir Certificate in India is very crucial during the inheritance process. Each document has a specific purpose, which is explained in detail above.
If you are not sure or facing disputes, make sure you hire a lawyer. It can save you time, stress, and even avoid future legal problems.
FAQs
Is a Legal Heir Certificate enough to claim bank accounts in India?
No. You will mainly need a Succession Certificate to claim money in bank accounts or investments.
How long does it take to get a Succession Certificate in India?
It can take up to 3 to 6 months, which usually depends on the court process and any objection raised.
Can siblings get a Legal Heir Certificate?
Yes, siblings are considered as legal heirs under Indian law.
Is a lawyer needed for a Legal Heir Certificate?
Not really, but for a Succession Certificate, hiring a lawyer is highly recommended.
Can a Will replace a Succession Certificate?
Only if the Will is valid and uncontested, a probate can take its place for claiming financial assets.