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Should I get Legal Heir Certificate or Succession Certificate?

 

Difference between Legal Heir Certificate and Succession Certificate

First let us understand the difference:

1 Succession Certificate(SC)- is granted by competent court of jurisdiction enabling transfer of moveable assets from deceased to his/her legal heirs. For e.g  FIxed deposits FD , Bank Accounts, PF, LIC, Stocks/shares, Car and other monetary assets.

2 Legal Heir Certificate (LHC) - Certificate is more of an administrative document in nature devolving immovable assets like house or property in the name of all legal heirs jointly as well as severally. For e.g. house, properties, assets attached to the land etc.

Also Read- SUCCESSION CERTIFICATE AND HOW TO GET IT?

 

Now coming to Jurisdiction aspect. Where to get Succession Certificate (SC) or Legal Heir Certificate (LHC) from ?

A. SC- from appropriate district court .

a) Where the person ordinarily resided at time of his /her death.

b) or where the property is situated.

B. LHC- place of Authority who issued the death certificate or where the property is situated.

 

Also Read-  LEGAL HEIR CERTIFICATE IN CHANDIGARH

What are the documents required for Succession or Legal Heir Certificate?

1 Death Certificate

2 Details of Assets

3 Details of all Legal Heirs

4 Right of petitioner

5 Disclose if there is any impediment

6 Affidavit

7 Furnish Indemnity Bond

8 Court fees as per Court Fees Act 1870 calculated on the market value of assets claimed.

Also Read- HOW TO PROBATE A WILL IN CHANDIGARH PANCHKULA MOHALI

 

Now let us see the difference between Succession Certificate (SC) and Legal Heir Certificate (LHC)

Things to keep in mind :

1 Notice is issued to general public through publication in newspapers inviting objections if any within 45 days.

2 Court may jointly grant Succession Certificate to legal heirs but one certificate for all assets claimed in petition.

3 If the person has left the will then probate is required not Succession Certificate. Even letters of administrator will do if the will discloses name of the executor clearly.

4 LHC issued to identify the living heirs of the deceased whereas SC is issued to establish authenticity of the legal heirs and give them authority to inherit debts,securities and other assets that deceased may have left behind.

5 LHC is majorly to identify the legitimate heirs whereas SC determines right of legitimate heirs in the property.

 

Also Read-  TRANSFER OF PROPERTY THROUGH GIFT DEED

Rest if you have any questions, then LegalSeva is there to answer all your queries, questions or legal advice/opinion seeking on Legal Heir Certificate or Succession Certificate in Chandigarh Panchkula Mohali Derabassi Kharar Zirakpur Mullanpur Garibdas or other adjoining areas.

Just dial 99888-17966 and say hello.

 

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