succession certificate and legalhiers certificate
Querist :
Anonymous
(Querist) 18 May 2010
This query is : Resolved
what is diferance betwen the legalhiers certificate and succession certificate
which one is the more valid and legaly acceptable?
how will issuce the succession certificate or order ?
what are the situvation succesion certificate need?
A V Vishal
(Expert) 18 May 2010
SUCCESSION CERTIFICATE
* Succession Certificate can be granted by the court to realize the debts and securities of the deceased and to give valid discharge.
* A succession certificate is a certificate when granted to the person empowers the person
o to receive interest or dividends
o negotiate the transfer or any of them
o with respect to the securities of a deceased person
P.S: Securities means any bond, stock, debenture or security
* He is required to dispose of the amount so realised in accordance with the rights of the person entitled thereto.
* The person requiring the Succession Certificate may
o File an application in the court, where the properties of your deceased relative are situated or where he / she normally resided.
+ Depending on the value of the estate of the deceased, the matter shall go to the type of court, which can conduct cases for that value [This is known as "pecuniary jurisdiction" of the court].
+ With the names of all other heirs of your late relative as the respondents in the matter.
o Who may after notice to all concerned and a newspaper notice is also ;issued apart from mandatory notice to the respondents.
o Upon the expiry of the time period (normally 1 and a half months) from the date of publication of the notice after the respondents have given their no objection.
o The court passes the orders for issuance of the Succession Certificate to the person/s making such an application.
* Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) to be submitted in the court, where after the Certificate is typed by the court staff, duly signed and sealed and delivered.
* The certificate takes about 3-4 months from date of filing to receive your certificate.
Legal Heir certificate is provided to the citizen by the government confirming and testifying that the applicant is a legal heir of the deceased mentioned. This certificate is issued for a limited purpose of receiving Government dues such as Govt. Provident Fund, Gratuity etc. to the legal heir of the deceased employee of the State and Central Govt. The Legal Heir Certificate is one of the important documents to be relied upon when some one purchases a property from a family who had lost the property owner and also used for other legal purposes.
Only one Legal Heir Certificate is issued and after that only copies are given. The Purpose for which legal heir certificate is being asked should be mentioned (necessary). This certificate is only issued where the amount is less than 1, 00,000. Where the amount is greater than 1, 00,000 succession certificate is issued from the civil court.
Parthasarathi Loganathan
(Expert) 18 May 2010
To add to Vishal's fine explanation, filing an application for Succession Certificate attracts Stamp duties which are proportionate to the value of assets to be shared or inherited by the legal successors.
Srinath Kondapally
(Expert) 18 May 2010
Mr. Vishal's explanation is fine, I too agree with him
G. ARAVINTHAN
(Expert) 19 May 2010
In simple, Legal heirship certificate is issued by Revenue Department and the same can not be a proof referred before a Court
Succession certificate is issued by Court after verifying all the relevant Documents
