A legal heir certificate, issued by a revenue officer, simply identifies the heirs of a deceased person and is used for government dues and mutation. A succession certificate, issued by a civil court, authorises the holder to collect the deceased's debts and securities such as deposits and shares where there is no will. Probate is a court's certification of a will; letters of administration are the equivalent grant for a whole estate where there is no will or no executor.
Side-by-side comparison
| Legal heir certificate | Succession certificate | Probate / letters of administration | |
|---|---|---|---|
| Issued by | Tehsildar, SDM or other revenue authority | District or civil court | District court or High Court |
| Law | State rules and executive instructions | Indian Succession Act, 1925, Part X | Indian Succession Act, 1925, Part IX |
| Is there a will? | Not relevant | Normally used where no will | Probate: will with executor. Letters: no will, or will without executor |
| Covers | Identifies heirs only | Debts and securities listed in it | Entire estate, movable and immovable |
| Typical use | Pension, service benefits, mutation, electricity and tax transfers | Bank deposits, shares, bonds, provident fund, loans owed to the deceased | Giving effect to a will; administering large or disputed estates |
| Time | Weeks | 4 to 8 months uncontested | 6 to 12 months uncontested |
| Cost | Nominal | Court fee, often a percentage of the amount | Court fee on estate value, capped in some states |
Legal heir certificate
Known by different names across states, including surviving member certificate, family membership certificate and varisan patra, this is an administrative document listing the surviving family members of the deceased. An application is made to the revenue office for the area where the deceased lived, with the death certificate, an affidavit and identity proofs; a local enquiry follows and the certificate is issued.
It establishes relationship, not entitlement to any particular asset. Banks may accept it, with an indemnity, for small balances. It is the usual basis for mutation of land and for claims on government employers. It does not bind a court and does not protect a bank or company that pays the wrong person, which is why they ask for more when the amount is large.
Succession certificate
Granted under section 372 of the Indian Succession Act, a succession certificate authorises the holder to receive the debts and securities specified in it and gives a full discharge to whoever pays. That statutory protection is what banks and companies want. It does not decide ownership among heirs: the holder collects and must distribute according to law. It is not used for immovable property.
The process involves a petition, notice to heirs, a newspaper publication, a waiting period for objections and a hearing. Heirs abroad take part through a power of attorney and attested no-objection affidavits. See succession certificates for NRIs.
Probate and letters of administration
Probate is a copy of the will certified under the seal of the court, with a grant of administration to the executor. It establishes conclusively, against the whole world, that the will is the last valid will. For wills falling within section 57 of the Act, broadly those of Hindus, Sikhs, Jains and Buddhists made in or dealing with immovable property in Mumbai, Chennai or Kolkata, no right under the will could traditionally be established in court without it. Elsewhere it is optional, though sought where the estate is large or a challenge is expected.
Letters of administration are granted where a person died without a will and the heirs need one person to administer the entire estate, or where there is a will but no executor able to act. The court may require an administration bond. See wills and probate.
Choosing the right one
- Only land or a house, no dispute: legal heir certificate or registered will, then mutation.
- Bank deposits or shares, no will, no nomination: succession certificate. For shares see also inherited shares.
- Nomination exists: the nominee collects on the death certificate; no court document is needed unless heirs dispute.
- There is a will: probate if the property or will is in a mandatory-probate city, or if any institution or heir demands it.
- Large mixed estate, no will, several heirs abroad: letters of administration can be more efficient than separate certificates.
Ask each bank, company and office what it will accept before filing; requirements vary, and getting the wrong document wastes months.
- A legal heir certificate identifies heirs; it does not authorise collection of large sums.
- A succession certificate is for debts and securities, never for land.
- Probate certifies a will; letters of administration cover an estate without one.
- Check with each institution which document it requires before you apply.
Frequently asked questions
Can a legal heir certificate be used to sell property?
It supports mutation in the heirs' names, after which they can sell. Buyers and banks may additionally ask for a registered family settlement or, where there is a will, probate.
Is a succession certificate needed if there is a will?
Generally no. Where there is a will, probate or letters of administration with the will annexed is the appropriate grant, and a succession certificate is not issued for assets covered by it in most cases.
Is a succession certificate valid throughout India?
Yes. A certificate granted by a competent court has effect across India.
Can these be obtained by heirs living abroad?
Yes. Applications are filed through a power of attorney holder, with affidavits attested by the Indian mission or apostilled, and statements recorded by video link where the court allows.
Which is faster, a succession certificate or letters of administration?
A succession certificate is usually quicker and cheaper where the estate consists of a few financial assets. Letters of administration suit larger estates with varied assets.
