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 certificate | Succession certificate | |
|---|---|---|
| Issued by | State revenue department (Tehsildar / SDM) | Civil court (Indian Succession Act, section 372) |
| What it does | Identifies the surviving family members | Authorises the holder to collect specified debts and securities |
| Typically used for | Smaller claims, pensions, many bank and insurance claims | Claims above institutions' simplified limits; shares and securities of higher value |
| Cost | Nominal 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 time | About 2 weeks to a few months, depending on the state | Usually several months if nobody objects |
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.
Courts publish a notice and allow time for objections, so it usually takes several months when uncontested. Contested cases take longer.
Yes, if the petition lists all the debts and securities to be collected.
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.
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.