Transferring property and assets to the rightful heirs can be complex without proper documentation. Legal Heir and Succession Certificates help establish entitlement and facilitate the transfer of a person’s assets to their successors.
Legal Heir Certificate:
A Legal Heirship Certificate identifies the legal heirs of a deceased person and helps them claim the person’s assets and other rights.
Succession Certificate:
A Succession Certificate is a document issued to the legal heirs of a person who dies without a Will, allowing them to claim certain assets of the person.
Difference: Legal Heir Certificate and Succession Certificate
The main difference between the two is based on the type of assets they cover.
Legal Heirship Certificate: It is generally used to establish who the legal heirs of a person are and may be used in relation to both movable and immovable assets.
Succession Certificate: It is generally used for certain movable assets, particularly debts and securities, and helps the legal heirs collect or transfer such assets.
Other key differences are set out below:
Basis | Legal Heirship Certificate | Succession Certificate |
|---|---|---|
Purpose | Identify the legal heirs and help them claim the assets. | To help legal heirs claim certain movable assets, such as debts and securities. |
Scope | Helps establish who the legal heirs are for claims such as insurance, pension, provident fund, and gratuity. | Helps legal heirs claim certain movable assets such as bank deposits, shares, mutual funds, and debts. |
Legal Recognition | Identifies and establishes the legal heirs of a person | Authorises the rightful heirs to collect and deal with certain movable assets, such as debts and securities. |
Issuing Authority | Issued by the competent local revenue or other designated government authority | Issued by a competent court. |
Access to Assets | Helps heirs access bank accounts, lockers, and other assets | Helps them claim certain movable assets and avoid disputes over those assets. |
Time Taken | Takes around 15 to 30 days | Approximately 3 to 6 months, depending on the circumstances and the applicable process. |
Conclusion
Before applying for either certificate, it is important to first check whether there is a valid Will. A Legal Heirship Certificate is usually a simpler and less expensive way to identify the legal heirs, while a Succession Certificate is issued by a court and is generally used to claim certain movable assets, such as bank deposits and investments, when there is no valid Will. Knowing which certificate is needed can make the process easier and avoid unnecessary time and expense.
Family Will Editorial Team
Legal Research & Insights
