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Family & succession

Legal heir certificate vs succession certificate: what's the difference?

After a death, families are often asked for a "legal heir certificate" or a "succession certificate". They come from different authorities and do different jobs. Here's how each works.

Reviewed by Ziyana, Anjali & NaveenUpdated 7 min readRules vary by state ↓

In short

  • A legal heir certificate (called a family tree or surviving family member certificate in some states) is issued by the state revenue department, usually the Tahsildar. It records who the family members of the deceased are.
  • A succession certificate is granted by a civil court (the District Judge) under Part X of the Indian Succession Act, 1925. It covers a deceased person's debts and securities, such as money owed to them, deposits and shares.
  • A legal heir certificate is an administrative document. Courts have said it doesn't decide disputed questions of who inherits. A succession certificate is a court order, but it is decided in a summary way and doesn't finally settle title either.
  • Under RBI Directions issued in 2025, banks must have a simplified process for settling many claims on a deceased customer's account without a succession certificate, up to a limit. Above the limit, banks can still ask for one.

Reviewed by 3 advocates · 2 Bar Councils

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02What the law says

Legal heir certificate. There's no single national law for this. Each state's revenue department issues it under its own orders and circulars. In Tamil Nadu, a 2022 Government Order sets out the procedure. In Karnataka, the High Court has noted there is no specific statutory provision, and the certificate is issued under state government circulars. People commonly use it for things like updating land records (mutation), claiming service and pension benefits, and dealing with banks.

Succession certificate. Part X of the Indian Succession Act, 1925 lets a District Judge grant a certificate for the "debts and securities" of a deceased person. "Securities" includes things like government securities, company shares and debentures. The application goes to the District Judge where the deceased ordinarily lived at the time of death, or, if they had no fixed home, where their property is. The state government can also give lower courts power to grant certificates.

The Judge gives notice, hears anyone who objects, and decides the right to the certificate in a summary way. Where the questions are too complicated for that, the Judge can still grant the certificate to the person who appears to have the best claim. The Judge can ask for a bond or other security. A person who pays a debt to the certificate holder in good faith is protected.

What changed in 2025. The Repealing and Amending Act, 2025 amended section 370 of the Indian Succession Act along with removing section 213 (see the wills and probate guide). Separately, the RBI's Settlement of Claims in respect of Deceased Customers of Banks Directions, 2025 (issued 26 September 2025, for banks to implement by 31 March 2026) set a simplified process for bank claims. Where there is no nominee or survivor, no will and no dispute, banks settle claims up to ₹15 lakh (₹5 lakh for co-operative banks), or a higher limit the bank fixes, without a succession certificate.

Your state

General information for India. State-specific notes are listed below.

Karnataka · Karnataka: family tree and surviving family member certificates

In Karnataka, the Tahsildar issues the genealogy (family tree) or survivorship certificate. It is a notified Sakala service, so the Assistant Commissioner hears appeals. In September 2026, the Karnataka High Court held that a Tahsildar cannot refuse a family tree certificate just because some family members live outside the taluk. It also noted that these certificates are issued under government circulars, the latest dated 17 July 2026. The Court said they are not a substitute for a civil court's decision on heirship.

Tahsildar (Revenue Department, Government of Karnataka); appeal to Assistant Commissioner under the Sakala Act (opens in new tab)

Keralam (Kerala) · Keralam: legal heirship certificate from the Tahsildar

In Keralam (formerly Kerala), the Tahsildar issues the legal heirship certificate on an application made to the Village Officer. A Legal Heir Certificate and a Family Membership Certificate are both listed among the state's e-District certificate services, available through Common Service Centres. In September 2026, the Kerala High Court noted there is no codified law on this certificate. Guidance is in the Kerala Village Manual (paragraphs 213 and 236), which the Court said is not statutory. It held that the Manual's ₹5 lakh limit has no legal basis, and that until the State makes rules, Tahsildars can issue these certificates whatever the value involved. It also said people with roots in India who live abroad, including those who have given up Indian citizenship, can apply. The Court said the certificate only identifies heirs and does not confer title. Where there is a dispute, the route is the civil court for a succession certificate. The Court asked the State to consider making a law or rules on these certificates. In that case, the applicant had appealed the Tahsildar's refusal to the Revenue Divisional Officer and then sought revision.

Tahsildar (Revenue Department, Government of Keralam), on application to the Village Officer (opens in new tab)

Tamil Nadu · Tamil Nadu: legal heir certificate through e-Sevai

In Tamil Nadu, the Tahsildar issues the legal heir certificate under G.O.(Ms) No. 478, Revenue and Disaster Management Department, dated 29 September 2022. Applications are made online (e-Sevai service REV-114) to the Tahsildar of the area where the deceased ordinarily lived. Any eligible heir can apply for the others. A Revenue Inspector does an enquiry within one week, and the Tahsildar should issue the certificate within one week of the report. The certificate is a common document for everyone, whatever their religion or gender. Officers shouldn't add conditions like a six-month validity. An appeal lies to the Revenue Divisional Officer within one year, and a revision to the District Revenue Officer within one year of the appeal order.

Tahsildar / Independent Deputy Tahsildar (Revenue Department, Government of Tamil Nadu); appeal to Revenue Divisional Officer (opens in new tab)

03Where you can go

  1. Tahsildar's office / state online service. For a legal heir, family tree or surviving family member certificate. Many states allow applications online or at a citizen service centre.
  2. District Court (District Judge). For a succession certificate, or a lower civil court if the state has given it that power.
  3. The bank or institution holding the money. For its deceased-claim procedure and forms. Under RBI's 2025 Directions, banks must settle complete claims within 15 calendar days.
  4. RBI Ombudsman (cms.rbi.org.in (opens in new tab)) if a bank doesn't resolve a deceased-claim complaint.

04How it usually works

  1. 01

    The death is registered and copies of the death certificate are collected.

  2. 02

    The family checks whether there's a nominee, a joint holder or a will. These change which document is needed.

  3. 03

    For a legal heir certificate, an application goes to the Tahsildar where the deceased ordinarily lived, with proof of death, residence and relationships. Officials usually make a local enquiry.

  4. 04

    For a succession certificate, a petition is filed in the District Court listing the deceased's details, the family, the claimant's right, and the specific debts and securities. The court publishes notice and hears objections.

  5. 05

    If granted, the certificate is shown to the bank, company or other body that holds the debt or security.

  6. 06

    Orders granting, refusing or revoking a succession certificate can be appealed to the High Court (or to the District Judge, if a lower court decided).

05Time limits

  • 15 calendar days: for a bank to settle a deceased customer's deposit claim after receiving all required documents (RBI Directions, 2025). If the delay is the bank's fault, it must pay interest of at least the Bank Rate + 4% a year for the delay.
  • State rules set their own timelines for legal heir certificates. See the state notes.

06Documents to gather

  • Death certificate
  • Proof of the deceased's address
  • Proof of relationship for each heir (birth or marriage certificates, or other official records)
  • ID proof of the applicant and heirs
  • Death certificates of any heirs who have also died
  • For banks: account details, claim forms, and any no-objection letters from other heirs
  • For a succession certificate: a list of the specific debts and securities (account numbers, folio numbers, amounts)

07Common questions

It's often used for mutation, which updates revenue records. Courts have said that revenue entries and these certificates don't by themselves decide ownership. Disputes about who inherits go to a civil court.

Under RBI's 2025 Directions, paying a nominee discharges the bank. But the bank must tell the nominee in writing that they receive the money as a trustee for the legal heirs.

A succession certificate under Part X covers debts and securities, not immovable property. Questions about land or a house usually involve mutation, a will, or a partition. See the related guides.

Yes. The Act lets a court revoke it, for example if it was obtained by fraud or by hiding important facts, or if a later court decree makes revocation proper.

08Questions to ask an advocate

If you speak to an advocate, these questions can help make the conversation useful.

  • In my situation, do I need a legal heir certificate, a succession certificate, or both?
  • Which court has jurisdiction, and what court fee applies in my state?
  • If other family members disagree about who the heirs are, how does that affect the process?
  • Does the existence of a will or a nominee change what I need?

09Sources

Related guides

Family & succession

Inheritance without a will

When someone dies without a will, their property passes under the succession law that applies to them, which depends mostly on religion. Here's a general overview.

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Family & succession

Wills and probate

How a valid will is made, whether it needs to be registered, what probate is, and what changed in December 2025 when compulsory probate was abolished.

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Property & land

Mutation of property records

What mutation means, why people update khata, patta or land records after buying or inheriting property, and where it is done in Karnataka and Tamil Nadu.

5 min read

This guide is general legal information for India, not legal advice. Laws and procedures change and can differ by state. For advice on your situation, speak to a qualified advocate.

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