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DEVI KALA (CA Student)     27 July 2010

Legal heirship and succession

Can any one tell me the difference between legal heir and succession certificate... Also tell me which one has the more legal preference... Also who can be the holder of legal heir certificate and succession certificate... I am completely lay man to civil law... So pls clarify me...



Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 July 2010

Dear Devi Kala,

Legal Heirship certificate and succession certificate both are diffrent.

regards.

Raghav Sood (Lawyer)     24 August 2010

legal heir is person who inherits their predessor like son wife daughter can be said to be the heirs of deceased father husdand by virtue of succession

succession certificate  granted by the court of law in regard to the liquid movables like cash in bank FDRs of the deceased predessor so that in the event of death of a person his legal heirs can get succession certificate from the court and can claim the money and liquid assest of their predessor 

i had tried be as luicd as possible any other query is always welcome

Mugundhan (Lawyer)     02 September 2010

Legal heirship is a declaration of a status. It has nothing to do with property. Even if the deceased has not left behind any property his heirs are entitled to a declaration or certificate that they are the legal heirs of the deceased. But Succession certificate relates to property as to who are entitled to  the properties both movable and immovable of the deceased person
 

sandip (Sr. Exe.)     20 September 2012

My father-in-law death on 10.11.2011 and District Magistrate issued a Legal heirs certificate in favors of my Mother-in-law and my wife. But department instructed us to get Succession from court of law, Can any one tell me, it is mandatory for get Succession from court of law for death benefits of a government employee?

 

arvind (student)     07 September 2014

can any body suggest me on my issue

matter is

my elder brother died last month and he left a health insurance so death claim benefit will be provided but insurance company asked for legal heirs certificate actually he got married before a month of his death

now family has 4 person excluding brother in law parents , brother,and sister

and deceased widow(my brother in law)  left our house after my brother death  as her marriage was new and her parents was not keen to keep him as widow of someone they  are trying to married her again elsewhere but problem is that no official agreement signed yet betwwen our family and her family for sepration

finally situation is that she has no communication with our family but officially still she is part of our family

so i want to ask that who has more right on my brother's policy benefit  ??

and for what should i go legal heirs certificate or succession certificate ??

for whom policy benefit will go my brother in law or our family ??

who will provide these certificates ??

who are the members declare on which certificate??


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