Legal Heir Certificate
A legal heir certificate is a document issued by government authorities to identify the rightful heirs of a deceased person, providing details such as their names, relationships, and shares. It serves as legal proof of their status and rights in matters like inheritance, property transfer, and financial transactions. The certificate is primarily used to facilitate the transfer of assets and properties to the rightful heirs. It is often required by banks, insurance companies, government agencies, and other institutions during estate settlements. It may also be necessary to claim pension benefits, access bank accounts, obtain property ownership, and execute other legal procedures related to the deceased person's affairs.
Difference Between A Succession Certificate and A Legal Heir Certificate
Legal heir and succession certificates differ. If a family member dies, the next legal heir can apply for the succession certificate, which can be used for transferring electricity and telephone connections, house tax, bank accounts, and filing IT returns. If the deceased is a government servant, a legal heir certificate is issued for family pension approval, appointments, and property transfer, including movable and immovable assets.
Role: A succession certificate is required for inheriting immovable or movable property under various property laws in India, like the Hindu Succession Act and the Indian Succession Act. Understanding these issues is crucial for both categories.
Issuance: Legal heir certificates are issued by the district Tahsildar to identify the living heirs of a deceased person. On the other hand, succession certificates are issued by courts to legal heirs of a deceased person.
Documents: To obtain a succession certificate, one will require documents like a death certificate with the time and place of death, names of the legal heirs, and relationships. Legal heir certificates require a death certificate, identity card, ration card, and family members' names on a Rs 20 stamp paper affidavit.
Also Read: Why Is Nominee Important In Any Investment? Importance: The succession certificate is crucial for property transfer, debt payment, or security collection on behalf of a deceased person. On the other hand, the legal heir certificate is used for gratuity, pension, insurance, provident fund, and retirement claims.