succession or heirship certificate
koustubh bhide
(Querist) 18 May 2013
This query is : Resolved
Can any 1 explain me what is difference between heirship and succession certificate? Can i demand shares as well as house both in the heirship certificate from the court?
S. Bharath
(Expert) 18 May 2013
In Tamil Nadu, Legal Heirship Certificate is granted by the Revenue Department; whereas Succession Certificate is issued by a court, upon enquiry and based on evidence. It is advisable to check with the authorities whom you propose to approach for transfer [company/revenue department etc] as to which one they accept. If they accept a Legal Heirs Certificate, your job is simpler.
ajay sethi
(Expert) 18 May 2013
you can obtain these from succession certificate from court
koustubh bhide
(Querist) 18 May 2013
Ok but can anyone tell me what is main difference between succession certificate and heirship certificate. ?
koustubh bhide
(Querist) 18 May 2013
Ok but can anyone tell me what is main difference between succession certificate and heirship certificate. ?
Raj Kumar Makkad
(Expert) 19 May 2013
A Legal Heirship Certificate is issued by a tahsildar. A tahsildar is an officer of the revenue branch of the State.
A tahsildar has no right to decide on disputed issues of title or succession. Prior to the issuance of the Legal Heirship Certificate, a summary enquiry is undertaken by the tahsildar, through his or her functionaries, to ascertain the legal heirs of the deceased, so far as may be possible.
A certificate is issued on the basis thereof.
This certificate is useful for certain very, very limited purposes, such as mutation of revenue records and the like. Certain public limited companies are also prepared to act upon this certificate, rather than put individuals through the grind of applying to the court for a formal certificate.
Wherever there is a dispute, or a more formal certificate is required, a person claiming rights under a deceased has the option to apply to the competent court for the issuance of a Succession Certificate.
If the deceased has left a will, then, certain other court procedures will come into play.
Irrespective of the above, if there are disputes between the various parties claiming to be heirs of the deceased, these may be resolved by the parties either amicably or through court. In all these cases, the Legal Heirship Certificate pales into insignificance.
To sum up and answer your queries:
A Legal Heirship Certificate assumes importance only in a scenario where there is absolutely no dispute regarding the persons entitled to succeed to the estate of a deceased person. It cannot be relied on to establish title of any kind. It is not final and binding. Any person who believes that he too is a legal heir, will always be entitled to ignore such Legal Heirship Certificate and institute appropriate proceedings before a competent court.
The court which is called upon to adjudicate in such proceedings will disregard the Legal Heirship Certificate and will decide the matter
on the basis of direct evidence laid before it.
A person who relies on a Legal Heirship Certificate can therefore do so if he is reasonably certain that there are no disputes between the parties who assert claims to the estate of the deceased.
Succession Certificate is an order granted by an Authority or court of competent jurisdiction to the successors of estate of a deceased person on the basis of application made by such persons in the capacity as legal heirs or otherwise entitled to succeed to the estate of the deceased person in certain circumstances.
koustubh bhide
(Querist) 20 May 2013
Thank you so much for such a valuable detail information
