What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate is a revenue-office record of who survived the deceased. A succession certificate is a civil-court order under the Indian Succession Act authorising you to collect specified debts and securities. Pension desks and many PF claims want the first. A bank holding a large balance with no nominee often wants the second. They are not interchangeable.
Legal heir certificate
Issued by a tahsildar, SDM or equivalent under state revenue rules. It lists the surviving family. It is usually done in weeks and costs a nominal fee plus stamp paper.
Typical uses: family pension, gratuity, compassionate appointment papers, some PF claims, mutation of a house, utility transfers.
It does not, by itself, authorise collection of every bank balance in the country. A branch that has been told to insist on a court document will not treat it as one.
Succession certificate
Granted by a district court under sections 370 to 390 of the Indian Succession Act, 1925. The petition names the debts and securities. The court issues a public notice, waits for objections, then grants the certificate on a court fee that is a percentage of the assets claimed.
It covers movable financial assets — deposits, shares, debentures. It does not transfer a house. That is mutation and a sale deed, not this certificate.
Which one should you apply for?
Start from the institution that is holding the money, not from the name of the document. Ask, in writing, what they will accept for that account and that balance.
If there is a nominee, neither certificate is needed for the bank to pay. If there is no nominee and the balance is under the bank’s threshold — which cannot be below ₹15 lakh at a scheduled bank — an indemnity pack is usually enough.
Apply for a succession certificate only after that written answer says the bank will not settle without one.
Common questions
- Can I use a legal heir certificate instead of a succession certificate?
- Only if the institution says it will accept one. Many pension and PF offices will. Many banks will not, once the balance is above their threshold and there is no nominee.
- Does a succession certificate transfer a house?
- No. It authorises collection of debts and securities. Land and a house are mutated in the revenue or municipal record, usually on a legal heir certificate and a family declaration.
- Which is faster?
- The legal heir certificate, typically weeks. A succession certificate is months, longer if anyone objects to the public notice.
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Last reviewed 2026-09-24. This is general information, not legal advice. Institution requirements change — confirm before you file.