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 language, making it easier for any common man and young lawyers alike.1. Heirship Certificate – For Legal HeirsAn 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 connectionsTo claim insurance, pension, or bank accountsFor mutation of property in municipal recordsWho 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 claimsMutation of property in government recordsClosure or transfer of bank accountsTransfer of electricity, water, telephone connections2. 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 propertiesIssued by:Civil Judge Senior Division or District JudgeHaving jurisdiction over the last residence or property of the deceased3. 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 recordsTransferring name on water or local authority records2. Probate – For Executors of a WillProbate 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 itThere is likely to be a dispute among heirsWhich 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 PetitionServe notices to all legal heirsPublish in newspapersAfter objections (if any), court grants Probate3. Letters of Administration – When No Executor is NamedIf 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, siblingsCourt Process:Similar to Probate:PetitionNoticesNewspaper publicationHearingGrant of Letter of AdministrationKey DifferencesTermWhen NeededWho AppliesApplicable WhenHeirship CertificateNo Will, to prove legal heirshipLegal HeirsRoutine matters like pension, recordsProbateWill exists, Executor is namedExecutorTo prove & execute the WillLetter of AdministrationNo Will or no Executor in WillLegal HeirsTo manage estate without a WillDocuments Generally RequiredDeath Certificate of the deceasedAadhar Card/PAN of applicantRation card or proof of relationshipProperty papers or bank detailsOriginal 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.

Heirship Certificate, Probate & Letter Of Administration – A Simple Legal Guide For Families Dealing With Succession

Tanvi Sanjay Dange

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