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What is the difference between Legal Heir Certificate, Survivor Member Certificate and Succession Certificate with respect to movable and immovable properties in Delhi.
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

Generally, if the head or a member of a family expires, the next legal heir of the deceased, like wife or husband, son, daughter, father/mother may apply for legal heir certificate, Which is issued by the District Court.

A succession certificate, under the Indian Succession Act, is a document that gives authority to the person who obtains it, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name, Succession Certificate issued by the District Court.

Surviving Members Certificate. When an individual has expired, the surviving members certificate is often required for the purpose of settlement of claims in respect of the deceased by the surviving members of the deceased family, Survivor member Certificate issued by the Concerned DC/SDM.

to take properties from the bank, immovable property and others movable properties of the person who died, the Legal heir certificate will be required.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

succession certifcate is only for movable debts and securities

2) for movable and immovable properties you need letters of adminstration if person dies intestate

3)f the head or a member of the family expires, the next direct legal heir of the deceased such as the wife or husband or son or daughter or mother may apply for legal-heirship certificate on application for the purpose of transferring Electricity connection, House Tax, Telephone connection/patta transfer, Bank Account, etc. If the person who died is a Government servant, legal heir certificate is issued for sanction of family pension, and for getting appointment on compassionate grounds

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

yes, it is sufficient

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

it should be sufficent as there is no dispute with your sister and she has executed relinquishm,ent deed in your favour

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What is the difference between Legal Heir Certificate, Survivor Member Certificate and Succession Certificate with respect to movable and immovable properties in Delhi.

For acquiring the immovable properties of the deceased person who is reported to have died intestate you may have to obtain a legal heirship certificate from the revenue department or the office of the Tahsildar within the jurisdiction of the residence of the deceased. This will contain the names of the class I legal heirs of the deceased as per law of intestate succession.

Succession certificate shall contain the names of the successor in interest for acquiring the movable property of the deceased and this shall be obtained through a court of law.

Survivor member certificate shall be issued by the revenue department after proper investigation into the subject issue which shall be submitted to the court to support the declaration suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As I said, we are two heirs to a property. My sister has given me the Relinquishment Deed. Now I am going for mutation and am applying to SDM for Survivor Member Certificate?. Is that enough for mutation purposes?

You need not apply for survivor member certificate if you have legal heirship certificate.

For mutation of property in your name, the legal heirship certificate issued by the Tehsildar will be sufficient.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Legal Heir Certificate, Survivor Member Certificate shall be issued by the tehsilfar/SDM/Collector and Succession Certificate shall be issued by the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

for the mutation purpose family register/Survivor Member Certificate is sufficient document. you can take mutation in your name on these document. when your sister has issued relinquishment deed then you can mutate property in your name only.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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