Legal Heir/Succession Certificate

Succession certificate is a legal document granted to the legal heirs of a person who has died intestate i.e. without a will. A succession certificate helps in establishing the legal heirs of a person and allot the debts and assets owned by the deceased. A court grants a legal heir certificate to the successors of the deceased and helps them in transferring the debts and securities of the deceased in their own name. 

A legal heir certificate/succession certificate is granted by the court in accordance with the personal laws governing the deceased person and his/her legal heirs. The securities for which such certificate is required includes all kinds of stocks, debentures, bond, promissory note or shares. It is also pertinent to obtain a legal heir certificate to establish a relationship between the deceased and the claimants in case of pension, life insurance, etc. before different government authorities.

Get Legal Heir/Succession Certificate Online
At INR 18999

What You'll Get In The Package

Inclusion

  • Telephonic consultation with the lawyer for 20 minutes.
  • Verification of documents.
  • Filing of application for legal heir/ succession certificate.

Exclusion

  • Court fees.
  • Stamp duty.
  • Additional legal work beyond 3 court appearances.

Documents required for obtaining Succession Certificate

  • Death certificate
  • Copy of the PAN Card of all legal heirs.
  • Application form duly signed and affixed with a stamp of requisite fees.

Procedure for Obtaining Succession Certificate

To obtain a succession/legal heir certificate, a succession certificate application is filed by the family lawyer with the District Court who has jurisdiction over the area where the deceased used to live at the time of his/her death, or where the property owned by the deceased is located. The legal heir certificate application must include details like the time of death of deceased, address of the deceased, details about the family or near relatives and the rights of the person on whose behalf the application has been filed.

If the district court is satisfied with the details of the application and the documents submitted along with it, the court grants a date of hearing. On the date of hearing, the court decides whether the person is a legal heir of the deceased and orders for the grant of succession certificate that lays down the debts and securities of the deceased.

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FAQs

What rights are granted by a succession certificate?
A succession certificate grants the following rights to the legal heirs of a deceased: 1. Right to claim the property and other assets of deceased. 2. Right to represent the deceased in collection of any debts and securities due or payable. 3. Right to inherit the debts and liabilities of the deceased.
Which law governs the grant of a legal heir certificate?
The Indian Succession Act, 1925 lays down the provisions relating to grant of a succession/legal heir certificate. A certificate granted under this Act is valid throughout India.
Where can you get a succession certificate?
A succession certificate application can be filed with a civil court i.e. a district court or a high court depending upon the value or properties and assets in the name of deceased. An application is filed with the court which has jurisdiction over the area the deceased used to reside at the time of his/her death or where the property is located.
What are the restrictions for grant of a succession certificate?
A succession certificate cannot be granted when the law requires probate or letter of administration mandatorily to establish the right to property. A family lawyer can establish whether such bond or probate is needed before the application can be filed.
What is the validity of a legal heir certificate?
A legal heir certificate has no limit with regards to its validity and is valid throughout India.
What is the meaning of ‘security’?
Security means any bond, debenture, promissory note, any stock or debenture or share in a company.
What is a Letter of Administration?
When a person dies intestate i.e. without a will, a letter of administration is issued to entitle the administrator of estate is given the rights all the rights over the estate of deceased. A letter of administration is issued after an application is filed with the civil court that has appropriate jurisdiction. An administrator is then appointed by the court to dispose of the debts of deceased and manage their property.
How much time does it take to get a succession certificate?
A succession/ legal heir certificate can be obtained in just 1 week with Legistify’s premium legal services.
How much does it cost to get a succession certificate?
You can get a legal heir certificate for just Rs. 19999 at Legistify. There are no hidden/ extra charges that you need to pay.
What is a Probate of Will?
A Probate is a legal document that certifies that the copy of a will, including codicils has been proved by the civil court.