• Legal heir and survivorship certificate

What is the difference between legal heir and survivorship certiifcate
Asked 6 years ago in Property Law
Religion: Christian

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10 Answers

Legal Heir certificate only include name of deceased class I heirs, eg, father is class II heir so his name will not include in LHC when class I heirs are present.

Survivor certificate includes name of all heirs/non heirs dependent on deceased.

BUT no such certificate issues, And LHC and SC is one and same thing. Only class I heirs include in it.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Legal Heir Certificate is only issued from revenue office of the district to identify a particular deceased persons living heirs.

 

2) 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.

 

3) A Legal Heir Certificate also known as Surviving Member Certificate is issued to prove the right legal heirs left behind by the deceased person.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Legal Heir Certificate is applicable for Govt. Jobs, Pension etc.... and is NOT applicable for immovable properties of deceased.

2. For claiming immovable properties of deceased, you should have either a Succession Certificate or a Letter of Administration or a Probate, duly issued by a local Court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Legal heir certificate is issued by the revenue authority for  the class one legal heirs of the deceased. In general the surviorship certificate is for dependent to settle claim though no such separate certificate is issues in practice and in practice legal heir certificate is survivorship  certificate.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It's basically same no difference

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Survivorship certificate is the certificate given to surviving member of the decessed person . And legal heir is the next person for the claims of the deceased person.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Yes they are same . Surviving certificate is the certificate given to surviving member of the deceased person . And legal heir is the next person for the claims of the deceased person. Having it does not mean you can acquire the property for that you need succession certificate from court by filing succession suit.

Legal Heir / Succession Certificate

Every family makes investments either in property or shares or post office. Such investments are made to secure the future, future of the present and the upcoming generations.

The Law has created rights to claim the property or securities of the person dying intestate.

LawInsta assures that claiming property or securities of the dying intestate is a easier and smooth process. Legal Heir/Succession Certificate through LawInsta will assure that any immovable property (house/land, etc) or movable property (shares, mutual funds, etc) of a person dying intestate is transferred lawfully to their heirs.

A person is said to have passed away intestate when he/she does not leave a legal will. A succession certificate entitles the holder to make payment of debt or transfer securities to the holder of certificate without having to ascertain the legal heir entitled to it.

The succession certificate provides indemnity to all persons owing such debts or liable on such securities with regards to all payments made to or dealings had in good faith with a person to whom a certificate as granted. Hence, many organisations and persons request a succession certificate before settling the debts or securities of the deceased in favour of the person claiming such debts or securities. The succession certificate is issued according to the applicable law of inheritance.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

A legal heir certificate is issued by the Revenue Authority having proper jurisdiction, the Tahsildar. To my knowledge, there is no such thing as a survivorship certificate.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Legal heirship certificate is given b6 the revenue department notifying the legal heirs of the deceased.

This certificate is not issued in Karnataka.

In Karnataka they issue a certificate certifying the survivors of the deceased to succeed to the properties left behind by deceased.

No legal action can be initiated on the basis of survivorship certificate.

However the legal heirship certificate is legally valid and enforceable in law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Legal heir and survivorship certiifcate are one 
and same thing with different name.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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