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Succession Certificate or Legal Heir Certificate — Which One You Need, and Help Getting It

Banks, companies, insurers and registrars ask for proof of heirship before they pay a deceased person's money to the family. The two documents they ask for most are the legal heir certificate and the succession certificate. They are not the same, and getting the wrong one wastes months.

Legal heir / surviving member certificateSuccession certificate
Issued byState revenue department (Tehsildar / SDM)Civil court (Indian Succession Act, section 372)
What it doesIdentifies the surviving family membersAuthorises the holder to collect specified debts and securities
Typically used forSmaller claims, pensions, many bank and insurance claimsClaims above institutions' simplified limits; shares and securities of higher value
CostNominal or free (e.g., Delhi surviving member certificate: no fee)Court fee set by each state, usually a percentage of the value, plus advocate fees
Typical timeAbout 2 weeks to a few months, depending on the stateUsually several months if nobody objects

State differences to know

  • Delhi: the Surviving Member Certificate is issued by the SDM/DM with no fee; the published service timeline is 14 days.
  • Karnataka: legal heir certificates are issued only to families of deceased government servants; others need a court succession certificate.
  • Maharashtra and Gujarat: court fees for succession and probate are charged in slabs with a cap of ₹75,000 (Maharashtra has a lower cap for widows).
  • Probate: after the Repealing and Amending Act, 2025, probate is no longer compulsory in Mumbai, Kolkata and Chennai, though some institutions may still ask for it.

Do you need either?

Not always. Where there is a registered nominee, or the amount is within the institution's simplified limit — ₹15 lakh for commercial bank deposits; ₹10 lakh physical / ₹30 lakh demat for shares — a set of affidavits, indemnity and heirs' no-objection may be enough. We check this first so you do not go to court unnecessarily.

How we help

  • Tell you which document each institution in your case will accept
  • Prepare the family tree, schedule of assets and supporting affidavits
  • Coordinate with an empanelled advocate who files the court petition (advocate and court fees are paid at actual)
  • Use the certificate to complete every claim — shares, bank, insurance, mutual funds, post office
  • Handle signatures and attestation for heirs living abroad

Frequently asked questions

How long does a succession certificate take?

Courts publish a notice and allow time for objections, so it usually takes several months when uncontested. Contested cases take longer.

Can one succession certificate cover shares in several companies?

Yes, if the petition lists all the debts and securities to be collected.

Can NRIs apply?

Yes. NRI heirs can sign documents abroad; they are attested or apostilled and a family member or advocate in India can represent them in the court process.

Talk to us

Tell us what you have — a certificate, a passbook, a policy number, or just a name and a company. We will tell you, free of charge, which official route applies and whether you need help at all. WhatsApp or call +91 88829 91427 (10 AM – 7 PM, Monday to Saturday), or use the free case review form.

Expertvuw Management Pvt Ltd is a private company. We are not affiliated with or authorised by IEPFA, SEBI, RBI, IRDAI, EPFO, PFRDA, India Post or any court. The official routes described on this page are free; our role is documentation, heirship paperwork and follow-up support. The claimant remains the applicant and all money is paid directly into the claimant's own account. Information is general and current as of the "last updated" date; rules change and each case differs. Last updated: 28 September 2026. Reviewed by: Expertvuw compliance team.