My father passed away recently and my mother, sister and myself are his legal heirs. My father owns house properties in Chennai and has fixed deposits, shares and mutual funds in his name. I want to transfer patta for the house properties in our joint names and claim all deposits, shares, mutual funds, pension, etc. I was advised to apply for a legal heirship certificate or succession certificate. Do I need any one or both? Where should I apply?
Although, both a legal heirship and a succession certificate appear to have a common objective, they are not the same. Many a time, a legal heirship certificate is relied upon in the place of succession certificate merely because family members are able to obtain a legal heirship certificate with much ease and speed. Therefore, first apply for a legal heirship certificate. In the event this document is not accepted for any purpose, you may thereafter consider obtaining a succession certificate through a court of law.
Legal heirship certificate
A legal heirship certificate, helps identify the heirs or surviving family members of a deceased person. It serves to establish the relationship of the heirs to the deceased for claims relating to pension, provident fund, gratuity or other service benefits of Central and State government departments, specifically when the deceased has not selected a nominee. As it is relatively simpler to apply for and obtain legal heirship certificates, banks and private companies too rely upon such certificates for allowing transfer of deposits, shares and other entitlements.
Revenue Officers such as tahsildars, revenue mandal officer or talukdar issue legal heir certificates in every taluk. It is now well accepted that such certificates can be issued and relied upon for certain limited purposes. In Tamil Nadu, the heirs can use a legal heir certificate to transfer patta for a property from the name of the deceased person to their names and also claim ex-gratia payments payable by the government to the deceased person. In States like Andhra Pradesh and Karnataka, it can be used to transfer utility connections, property tax card and receive compensation from the government.
It is also well-settled that legal heirship certificates are not conclusive when it comes to determining the legitimate class of heirs of a deceased person under the laws of succession or, the title of heirs to any disputed property that belonged to the deceased. In case of any dispute between the heirs of the deceased, the Revenue Officer cannot issue a legal heirship certificate and is required to direct the heirs to approach a civil court for determination of the rightful heirs.
Succession Certificate
A succession certificate, under the Indian Succession Act 1925, can be granted only in respect of ‘debts’ or ‘securities’ such as provident fund, insurance, deposits in banks, shares, etc., to which the deceased was entitled. The main objective of a succession certificate is to facilitate collection of debts on succession and afford protection to the parties paying debts to the representatives of the deceased person. A succession certificate merely allows its holder to collect the debt due to the deceased as a trustee for other claimants.
- Both legal heirship and succession certificate identify the heirs of the deceased
- Tahsildar, revenue mandal officer or talukdar issue legal heir certificates
- For a succession certificate, a family member must file a petition in a court of law
In most States, the legal heir certificate can be obtained by filing an application with the taluk office concerned along with the necessary fee and supporting documents like the death certificate of the deceased, family card, identification proof for all family members and other specific documents indicated in the application form. Alternatively, a family member may also file an online application in the website maintained by each State’s corporation/taluk authorities or citizen services portal.
To apply for a succession certificate, a family member must file a petition before a competent court. The petition would have to be filed along with the requisite court fee and supporting documents such as names of family members and list of debts and securities for which the certificate is applied. If no objections are received from family members, the Court may grant a succession certificate.
The writer is a partner with Shardul Amarchand Mangaldas, Advocates & Solicitors, Chennai. Views are personal
