Legal Heir Certificate vs Succession Certificate: Which One Do You Need?
A legal heir certificate from the Tahsildar identifies the family. A succession certificate from a civil court lets you collect bank deposits and shares of someone who died without a will. Here is when you need each.
Legal Heir Certificate vs Succession Certificate
A legal heir certificate (in Karnataka, a family tree or survivorship certificate) is issued by the Tahsildar and only identifies who the surviving family members are. A succession certificate is issued by a civil court under Part X of the Indian Succession Act, 1925 and gives the holder legal authority to collect the deceased's debts and securities, such as bank deposits, shares, bonds and mutual funds, when there is no will. Banks and companies often ask for a succession certificate once the amount is significant.
What is a legal heir certificate?
It is an administrative document confirming the relationship of surviving family members to the deceased. In Karnataka, apply through the Nadakacheri / Atalji Janasnehi Kendra or the revenue department's online portal for a family tree (vamshavruksha) or survivorship certificate.
It is used for:
- family pension and gratuity claims
- transferring electricity, water and phone connections
- khata and RTC mutation after death
- small bank balances where the bank accepts it
- government employment on compassionate grounds
Time: usually a few weeks, after a local enquiry by the village accountant or revenue inspector.
What is a succession certificate?
It is a court order under Sections 370 to 390 of the Indian Succession Act. It authorises the holder to receive specified debts and securities of the deceased and gives a valid discharge to whoever pays, meaning the bank or company is legally protected.
It is used for:
- fixed deposits and savings accounts without a nominee, or where heirs dispute
- shares and debentures
- mutual fund units
- money owed to the deceased by others
Time: typically three to nine months. The court issues a public notice and allows at least 45 days for objections.
Side-by-side comparison
| Point | Legal heir certificate | Succession certificate |
|---|---|---|
| Issued by | Tahsildar (revenue department) | Civil court (District Judge) |
| Law | State revenue procedure | Indian Succession Act, 1925, Part X |
| Purpose | Identifies heirs | Authorises collection of debts and securities |
| Covers immovable property? | Used for mutation only | No |
| Proves ownership? | No | No, only authority to collect |
| Cost | Nominal fee | Court fee as a percentage of the value (state-specific) |
| Time | Weeks | Months |
What about immovable property?
A succession certificate does not cover land or houses. For immovable property:
- No will: heirs usually get mutation using the legal heir certificate, the death certificate and, where needed, a registered release deed between heirs. In disputes, a partition suit is filed.
- With a will: probate is optional in Karnataka for Hindus (it is mandatory only for wills made in, or concerning property in, the former presidency towns of Mumbai, Chennai and Kolkata). A letter of administration may still help where the estate is contested.
Does a nominee inherit the money?
No. A nominee is a trustee who receives the money on behalf of the legal heirs. The Supreme Court confirmed in Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023) that nomination under the Companies Act and Depositories Act does not override succession law. If the nominee is not the sole heir, the other heirs can claim their shares.
Documents needed for a succession certificate petition
- Death certificate
- Legal heir or family tree certificate
- List of debts and securities with account and folio numbers and values
- Proof of relationship and address of all heirs
- No-objection affidavits from other heirs (this speeds things up considerably)
Worked example
Sunita's father died in Bengaluru without a will. He left:
- a Jayanagar flat (joint with her mother)
- ₹38 lakh in fixed deposits without a nominee
- shares worth ₹22 lakh in a demat account with her mother as nominee
What she needs:
- Legal heir certificate from the Tahsildar, for the khata transfer of the flat and the pension.
- Succession certificate from the City Civil Court for the ₹38 lakh FDs, since the bank will not release that amount without it.
- For the shares, her mother as nominee gets them transmitted. As one of the legal heirs, Sunita is entitled to her share, which the family can settle through a family arrangement.
How SP & SC helps
We obtain family tree certificates, draft and file succession certificate petitions in the City Civil Court, manage the public notice and hearings, and handle the follow-on bank and share transmissions. For property, we draft release deeds and complete the khata transfer. See our civil litigation and deed registration services, or ask for a fixed-fee quote.
Frequently asked questions
Is a legal heir certificate enough to claim a bank FD?
For small amounts, many banks accept it with an indemnity bond. For larger sums, banks usually insist on a succession certificate.
Can I get a succession certificate if there is a will?
No. With a will, you seek probate or a letter of administration instead.
How long does a succession certificate take in Bengaluru?
Usually three to nine months, depending on objections and the court's workload.
Does a succession certificate transfer ownership?
No. It authorises collection. Ownership is still decided by succession law.
Is a legal heir certificate required for property mutation in Karnataka?
Yes. The revenue authorities rely on the family tree or survivorship certificate for mutation after death.
Written by
SP & SC Editorial
Editorial team at SP & SC Legal and Taxation Services — practising advocates, chartered accountants, and company secretaries publishing hands-on guidance from live client files.
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