Heirship Certificate, Probate & Letter Of Administration – A Simple Legal Guide For Families Dealing With Succession
In India, the process of succession to a deceased person's estate is governed by personal laws based on religion, as well as the Indian Succession Act, 1925. Understanding the terms Heirship Certificate, Probate, and Letter of Administration is crucial, especially when dealing with the property of someone who has passed away.This article breaks down these terms in simple and practical...
In India, the process of succession to a deceased person's estate is governed by personal laws based on religion, as well as the Indian Succession Act, 1925. Understanding the terms Heirship Certificate, Probate, and Letter of Administration is crucial, especially when dealing with the property of someone who has passed away.
This article breaks down these terms in simple and practical language, making it easier for any common man and young lawyers alike.
1. Heirship Certificate – For Legal Heirs
An Heirship Certificate (also called a Legal Heir Certificate) is typically required when a person dies without making a Will (intestate), and the family wants to establish who the legal heirs are.
Where is it useful?
- To transfer electricity or phone connections
- To claim insurance, pension, or bank accounts
- For mutation of property in municipal records
Who issues it?
Revenue Authorities (For basic non-contentious matters)
- Tahsildar / Talathi / Circle Officer / Mandal Revenue Officer (MRO)
- Applicable in states like Maharashtra, Tamil Nadu, Andhra Pradesh, Karnataka, etc.
Used for purposes such as:
- Pension or family pension claims
- Mutation of property in government records
- Closure or transfer of bank accounts
- Transfer of electricity, water, telephone connections
2. District Civil Court (For succession rights and disputed claims)
- Required when there's property, financial assets, or bank balance to be transferred.
- This is a judicial document, not an administrative one.
Apply under:
- Section 372 of the Indian Succession Act, 1925 (for Succession Certificate)
- Heirship Declaration Suit in case of immovable properties
Issued by:
- Civil Judge Senior Division or District Judge
- Having jurisdiction over the last residence or property of the deceased
3. Municipal Corporations / Local Civic Bodies
(For property tax and local record updation)
- Some municipal authorities may issue basic legal heir acknowledgments for:
- Updating property tax records
- Transferring name on water or local authority records
2. Probate – For Executors of a Will
Probate is a legal certificate issued by a competent court confirming the validity of a Will and giving powers to the Executor named in the Will to administer the estate of the deceased.
When is Probate required?
- When the deceased has made a Will, and:
- The property is in Mumbai, Chennai, or Kolkata (as mandated by law)
- Banks or institutions insist on it
- There is likely to be a dispute among heirs
Which court grants it?
- The District Court or the High Court having jurisdiction over the place where the deceased resided or had property.
Procedure:
- File a Probate Petition
- Serve notices to all legal heirs
- Publish in newspapers
- After objections (if any), court grants Probate
3. Letters of Administration – When No Executor is Named
If someone dies with a Will but has not named an Executor, or the Executor refuses to act, then the heirs must apply for Letters of Administration.
Also, if a person dies without a Will (intestate) and legal heirs want the court to appoint someone to administer the estate, they also apply for this.
Who can apply?
- Legal heirs such as spouse, children, siblings
Court Process:
- Similar to Probate:
- Petition
- Notices
- Newspaper publication
- Hearing
- Grant of Letter of Administration
Key Differences
Term | When Needed | Who Applies | Applicable When |
Heirship Certificate | No Will, to prove legal heirship | Legal Heirs | Routine matters like pension, records |
Probate | Will exists, Executor is named | Executor | To prove & execute the Will |
Letter of Administration | No Will or no Executor in Will | Legal Heirs | To manage estate without a Will |
Documents Generally Required
- Death Certificate of the deceased
- Aadhar Card/PAN of applicant
- Ration card or proof of relationship
- Property papers or bank details
- Original Will (if applying for Probate)
Succession laws may appear complicated, but understanding these basic terms makes the process much easier. Whether you are a family member trying to claim what is rightfully yours, or a lawyer assisting clients, being aware of the right legal route saves time, effort, and unnecessary disputes.
For any assistance in documentation, court process, or understanding your legal rights, feel free to reach out.
Author is an advocate practicing in Mumbai & Thane.