Succession Certificate & Legal Heir Helper

Which certificate do you need?

Four questions. The logic: a succession certificate (District Court, Section 372) is for debts and securities when there is no will. A will means probate instead. A legal-heir certificate (Tahsildar) is for government pension, gratuity and dues — and only in the states that issue one. Immovable property needs mutation, not a succession certificate.

1. Did the deceased leave a valid will?
2. What do you need to claim or transfer?
3. Personal law of the deceased
4. Do all the legal heirs agree on who should apply?

The rule, in one paragraph

Under the Indian Succession Act, 1925, a succession certificate is granted by the District Judge where the deceased ordinarily resided, on a petition under Section 372. It covers debts and securities only — bank deposits, shares, PF, insurance. Section 370 bars a succession certificate where the deceased left a valid will: then the route is probate (or letters of administration with the will annexed). A legal-heir certificate is a different document, issued by the Tahsildar / Revenue Department in the states that issue one, and is used mainly for government pension, gratuity and dues. Immovable property is transferred by mutation (with probate, if there is a will) — a succession certificate does not transfer title to it.

Sources: Indian Succession Act, 1925 — India Code, BankBazaar — Succession Certificate in India, QuickCompany — Succession Certificate: Eligibility & Procedure