In times of loss, navigating the legal aspects of inheriting assets and properties can be both emotionally challenging and legally complex especially when a person dies intestate (i.e. without a Will).
A succession certificate or legal heir certificate is an important legal document that becomes applicable in cases where the deceased person did not leave behind a valid Will. These documents play a crucial role in establishing a rightful claim and facilitating the transfer of the deceased person's assets, following the guidelines of the Indian Succession Act, 1925.
A succession certificate is issued by a civil court. Its primary purpose is to establish the legal heirs of a deceased person and grant them the authority to inherit debts, securities, and other movable assets left behind by the deceased.
The Indian Succession Act, 1925, governs the issuance of succession certificates.
It is typically required to transfer debts or securities due, bank account balances, or other financial assets when the deceased person did not leave a valid Will (intestate).
A legal heir certificate, on the other hand, is issued by the revenue authorities or local municipal bodies. It is primarily used to establish the identity of the legal heirs of a deceased person for purposes other than financial matters. This certificate in some jurisdictions, is also referred to as a family tree certificate, Inheritance Certificate, Pedghinama, Varisu certificate, etc.
Legal heir certificates are not governed by a specific central law like the Indian Succession Act. It falls under the jurisdiction of state-specific laws and local authorities.
It is generally required for claiming pension, provident fund, insurance, gratuity, or any other benefits accrued to the deceased person. It can also be used for property-related matters, such as immovable property transfer or mutation.
A succession certificate is usually related to financial assets and is issued by a civil court, while a legal heir certificate in some jurisdictions is broader in scope and can be issued for various purposes, including non-financial matters. The choice between the two depends on the specific requirements, value/nature of the assets, and circumstances of the legal heirs.
At Yellow, our experts are well versed in all aspects related to succession including the applicable laws. We take the guesswork out of this procedure, handling all the necessary steps on your behalf, and delivering the full succession or legal heir certificate, right to your doorstep.
With a team of 500+ specialised agents, lawyers and CAs across India to help take care of all the legalities and paperwork, we offer the most comprehensive and hassle-free solution nationwide.
Navigating the aftermath of a loved one's passing and the complexities of asset transfer can be overwhelming. Yellow is here to provide the guidance and support you need.
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