After a death, an Indian family is usually asked for 'proof of heirship' by banks, employers and registrars. That proof takes three different forms depending on what is being claimed, and the difference matters because one takes weeks and another takes months.
At a glance
| Legal heir certificate | Succession certificate | Probate / letters of administration | |
|---|---|---|---|
| Issued by | Tehsildar / revenue authority or municipality | Civil court (district judge) | Civil court |
| Establishes | Who the surviving family members are | Right to collect debts and movable securities | Validity of a will / authority to administer |
| Typical use | Pension, gratuity, PF, employment benefits, utility transfers | Bank balances, FDs, shares, mutual funds with no nomination | When a will exists, or for immovable property in some states |
| Typical cost | Nominal (court-fee stamp) | Percentage of asset value as court fee | Percentage of estate value as court fee |
| Typical timeline | 2-6 weeks | 4-8 months | 6-12 months or more |
Legal heir certificate
This is an administrative document that simply records who the surviving family members are — usually the spouse, children and mother of the deceased. It is issued by the revenue authority (Tehsildar) or, in some states, the municipal corporation. Employers, pension departments and PF offices normally accept it.
- Apply at the Tehsildar's office or the state e-district portal.
- Attach the death certificate, identity and address proof, and an affidavit listing the heirs.
- A revenue inspector verifies the family details locally before it is issued.
Succession certificate
Issued by a civil court under Part X of the Indian Succession Act, 1925, a succession certificate authorises the holder to collect debts and securities owed to a deceased person who died without a will. It is what a bank will demand for a substantial balance with no nomination.
- File a petition in the district court where the deceased ordinarily resided.
- List the debts and securities being claimed, with the relationship of the petitioner.
- The court issues a public notice, typically for 45 days, inviting objections.
- If unopposed, the certificate is granted on payment of court fee, which is a percentage of the value claimed.
Probate and letters of administration
Where a valid will exists, the executor may need probate — the court's certification that the will is genuine. Under Section 57 of the Indian Succession Act, probate is mandatory for wills made by Hindus, Buddhists, Sikhs and Jains in the territories of the former presidency towns of Kolkata, Mumbai and Chennai. Elsewhere it is often optional but is still demanded by registrars and banks for large estates.
How to avoid needing any of them
Every one of these processes exists to reconstruct information the deceased already had. Correct, current nominations plus a written will plus an accessible record of what exists is what turns a nine-month court process into a two-week paperwork exercise.
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