Legal heir certificate vs succession certificate

Querist : Anonymous (Querist) 17 September 2020 This query is : Resolved
My sisters husband died intestate. He has investments in UTI units and others and also a piece of land in Tamil Nadu. There is only One legal heir who is resident in Mumbai. My question is
1. Whether legal heir certificate will be valid for transfer and registration of land and other assets in the name of the legal heir.?
2. What is the law in Tamil Nadu with respect to registration of land by letter of administration or legal heirship holder?
3. How much is stamp duty application for obtaning legalheirship certificate and succession certificate?

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Quick Summary

This discussion clarifies the difference between a Legal Heir Certificate and a Succession Certificate, particularly concerning intestate succession in India. A Legal Heir Certificate, typically issued by a Tahsildar, is generally sufficient for transferring movable assets and may be accepted for land registration in some regions. However, for more complex claims or when dealing with financial institutions, a Succession Certificate, obtained from a court, is often required. Stamp duty varies significantly, with Succession Certificates incurring charges based on property value.

Isaac Gabriel (Expert) 17 September 2020
Legal heirship could be issues by the tahsildar whereas the sucession certificate to be applied at the court for secondline.claimants.

Rajendra K Goyal (Expert) 17 September 2020
Legal heir certificate is issued at nominal charges while for succession certificate mostly states charge stamps in accordance of value of the property.

Dr J C Vashista (Expert) 18 September 2020
Apply for a succession certificate / letter of administration for movable properties and obtain "surviving member certificate" from area SDM/ Tehsildar.
Local laws apply to the subject, therefore, seek professional services of a local prudent lawyer.

Rajendra K Goyal (Expert) 18 September 2020
Agree with the procedural advice from expert Dr. J.C. Vashishta ji.

Sankaranarayanan (Expert) 18 September 2020
Yes I do stand with experts points. Normally for the issues related to shares and debenture the company demand the succession certificate

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