Succession vs Legal Heir: Choosing the Right Certificate to Avoid Delays

Using wrong certificate can cause delays, especially in high-value or disputed cases

- Shraddha Nileshwar

Navigating inheritance in India often involves two critical documents: the succession certificate and the legal heir certificate. Though both relate to a deceased person's estate, they serve distinct purposes, are issued by different authorities, and are applied in specific scenarios. Mistaking one for the other can lead to delays, financial setbacks, or legal disputes. This article clarifies their differences, backed by real-life examples, to help you make informed decisions.

What is a succession certificate?

A succession certificate, issued by a civil court under the Indian Succession Act, 1925 (Part X, Sections 370-390), authorises the holder to collect and manage movable financial assets like bank accounts, shares, or bonds when the deceased leaves no will or executor. It's vital for contested cases or high-value assets, offering judicially enforceable authority to settle debts and securities.

In a 2022 Madras high court case, P. Venkatachalam vs The Tahsildar (2022 LiveLaw (Mad) 265), petitioners challenged the authority of tahsildars to issue legal heir certificates for Class-II heirs (e.g., paternal relatives) in intestate succession. The court clarified that a legal heir certificate only confirms the relationship between the deceased and their heirs.