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Certificates

Legal Heir and Succession Certificates

These are two different documents from two different authorities. Applying for the wrong one wastes months at a time when families can least afford it.

Issued by State revenue department (legal heir) and the civil court (succession).

Last updated

Official source last verified 9 August 2026

At a glance

Legal heir certificate
Issued by the tehsildar or revenue authority
Succession certificate
Issued by a civil court
Legal heir — typical use
Pension, gratuity, provident fund, insurance, salary arrears
Succession — typical use
Debts and securities — bank balances, shares, deposits
Time
Weeks for a legal heir certificate; months for a succession certificate
National Government Services Portal — find your State’s serviceThe official portal for this document.https://services.india.gov.in/(opens the official website in a new tab)

The difference, plainly

The difference, plainly
Legal heir certificateSuccession certificate
Issued byTehsildar or revenue authorityCivil court
EstablishesWho the surviving family members areThe right to receive debts and securities
Typically needed forPension, gratuity, PF, insurance, salary arrears, property mutationBank balances, fixed deposits, shares, mutual funds
CostA nominal State feeCourt fee, usually a percentage of the value, plus legal costs
TimeWeeksSeveral months
Contested claimsCannot resolve themCan, since it is a court process

Applying for a succession certificate

  1. Engage a lawyer. This is a court petition, not a form, and the procedure varies by state and court.
  2. File a petition in the civil court with jurisdiction — usually where the deceased ordinarily resided or where the assets are.
  3. The petition sets out the death, the relationship, the assets concerned and the other heirs.
  4. The court issues a public notice inviting objections, and allows a period for them.
  5. If unopposed, the court grants the certificate on payment of the court fee, which is typically a percentage of the value of the assets.
  6. If opposed, it becomes contested litigation and takes considerably longer.

When a will exists

A will changes the picture. Where there is a valid will, the executor may need probate — a court order confirming the will’s validity — rather than a succession certificate. Whether probate is compulsory depends on where the will was made and where the property is.

A will also overrides the default intestate succession rules, which differ by the personal law applicable to the deceased.

This is genuinely an area where a lawyer is worth the cost. The rules on intestate succession, on which document is required, and on which court has jurisdiction are specific and getting them wrong is expensive.

What to do first

  1. Obtain several certified copies of the death certificate. Every institution keeps one.
  2. List every asset and every institution that holds one — banks, insurers, employer, PF, pension, demat, property.
  3. Write to each and ask specifically which document they require, and ask for it in writing.
  4. Apply for a legal heir certificate, which is faster and cheaper, and which most institutions accept.
  5. Apply for a succession certificate only for the assets that genuinely require one.

Frequently asked questions

What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate is issued by the revenue authority and establishes who the surviving family members are. A succession certificate is issued by a civil court and establishes the right to receive debts and securities such as bank balances and shares. They serve different purposes and are obtained from different authorities.
Which one does my bank need?
It depends on the bank, the amount and whether a nomination exists. Ask in writing before applying for anything. Where a valid nomination exists, many institutions release the amount to the nominee without either certificate.
How long does a succession certificate take?
Several months, because the court must issue a public notice and allow time for objections. If the claim is contested it takes considerably longer. A legal heir certificate typically takes weeks.
Do I need one if there is a nomination?
Often not. A valid nomination allows many institutions to release the amount to the nominee directly. Note that a nominee is a receiver rather than necessarily the final owner — the assets still devolve according to succession law or the will, which is why nomination and inheritance can differ.

Official sources

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