Legal Heirship certificate vs Succession Certificate and Letter of Administration

Difference Between Legal Heirship certificate, Succession Certificate and Letter of Administration.

Legal Heirship certificate

In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs. A legal heir certificate is a very important document to establish the relationship between the deceased and legal heirs. Once the death certificate is obtained from the municipality/corporation, the successors can apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. From the transferring property to claiming insurance, one needs to get a legal heirship certificate from court. Legal heir certificate is also called as the legal heirship certificate from court. 

Who issues legal heir certificate?

Legal Heir certificate can be obtained by approaching the area/taluka Tasildar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry.

The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should then approach the Revenue Division Officer (RDO)/sub-collector.

To whom legal heir certificate can be granted?

 Legal Heir Certificate can be granted to son/daughter/husband/wife/parents of the dead person. Any of the above persons can apply.

Time required to obtain Legal Heir Certificate

Around 15 days to 30 days are required for the issuance of the legal heir certificate.

Succession Certificate

A Succession Certificate is document giving authority to the person who obtains it, to represent the deceased for the purposes of collecting debts and securities due to him or payable in his name. It is meant for the protection of debtors, so that they should know as to whom they can safely pay the debt due to the deceased person. The certificate does not establish the title of the grantee as the heir of the deceased, but only furnishes him with an authority to collect the debts and allow the debtors to make payment to the grantee without incurring any risk.

Who issues Succession Certificate?

The succession certificates are issued by the court to the deceased person legal heirs. To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.

Time required to obtain succession certificate

Firstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone ten the succession certificate is issued immediately. This process may take 5-7 months.

Letter of Administration

It is legal document entrusting an individual with the administration of the estate of a deceased person. Letters of Administration are official documents that grant an individual permission to access and manage an Estate after someone dies. This individual — called the Administrator of Estate — is then in charge of paying outstanding debts and distributing property to relatives.

Who issues Letter of administration?

Letter of Administration is issued by a competent authority (court) and appoints the Administrator to dispose of the property of a person. It is required when:

  • Testator has failed to appoint an executor under a Will OR
  • Where the executor appointed under a Will refuses to act OR
  • Where executor has died before or after proving the Will but before administration of the estate.

To whom Letter of Administration can be granted?

If the deceased has died intestate and was Hindu, Muslim, Buddhist, Jain or Sikh, grant of letters may be made to any person entitled to whole or any part of the estate of the deceased.

Futher the letters may be granted to the following in the following order:

a) Widow

b) Those beneficially entitled to the estate of the deceased, the mother being preferred over others.

c) Creditor: If the above are not willing to act.

Time required to obtain Letter Of Adminstration A Letter of Administration can be granted after 14 clear days from the date of death of an intestate.

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