Table of Contents
What is a succession certificate?
A succession certificate is a document issued by the civil courts that grants authority to the heirs of a deceased person to claim their property and assets. This is usually required when a person dies without a will. Unlike a legal heir certificate, a succession certificate holds more legal weight in big financial matters like property.
When is a succession certificate needed?
- Dispute Resolution: In case the heirs are unable to amicably distribute the assets and property among themselves in the absence of a will, they may apply for a succession certificate. This allows them to seek the court’s judgment and have the civil court decide how the property should be divided among all the heirs.
- Financial Matters: While a legal heir certificate can also be used to deal with debts, many financial institutions may require a succession certificate to approve the transfer of property to cover the debt. Sometimes, authorities take discretion on whether they want to accept a legal heir certificate or a succession certificate.
- Preference in Legal Validity: In various legal transactions, governmental bodies, financial institutions, or other entities might prefer a succession certificate due to its higher legal validity compared to a legal heir certificate. It is often preferred to ensure a more secure and undisputed transfer of property or assets, especially in complex financial dealings or larger transactions.
Process for Obtaining a Succession Certificate
STEP 1: Fill in the application form provided by the civil court that has jurisdiction over the area where the deceased person lived for a succession certificate.
STEP 3: Along with the application form submit the following document.
- Death Certificate
- Proof of Relationship (Aadhar Card, Marriage Certificate, Adoption Certificate, etc)
- Identity Proof of applicants
- Affidavit of Self-Declaration by all Legal Heirs on ₹20 stamp.
- 2 passport-size pictures of all applicants
STEP 4: The next step includes paying the fee at the court. The fee includes a court fee which is 2-3% of the total value of the deceased's property along with the fee for affidavits and stamp paper.
STEP 5: Submit the complete file for the verification process. This step includes a public notice from the court that invites objections or claims from others after which a judgment is passed issuing the succession certificate. All in all, the issuance of the certificate can take anywhere between a few months to a few years.
What is the Difference Between a Legal Heir Certificate and a Succession Certificate?
The difference between a legal heir certificate and a succession certificate are detailed below
| Legal Heir Certificate | Succession Certificate | |
|---|---|---|
| 1. | A certificate to only identify the rightful heirs and the successors of the deceased person’s assets. | A certificate that grants the heir the permission to claim the assets, securities, and debts of the deceased. |
| 2. | It is issued by the revenue department of the area where the deceased person is from | It is issued by the civil courts where it is important to prove a relationship between the heirs and the person deceased. |
| 3. | This certificate is sufficient to inherit bank deposits, pensions, and provident funds. Essentially it is required for the transfer of movable assets. | This certificate is required for transferring debts and assets such as property, stock investments, etc. Essentially it is required for the transfer of movable and immovable assets. |
| 4. | The issuing process can take up to a few weeks | The issuing process can take up to a few months |