difference between legal heir and surviving member certificates

826 votes

Dear concerned,
Surviving Member Certificate is a tool to get declaration from the concerned authorities as to the fact that who are the persons living behind the deceased one, who can succeed the intestate property of the deceased as per the rules of inheritance, but it neither decides the title of any property nor adjudicates the fact that who will be the successor. It merely limits the number of surviving members amongst whom the successor will be decided afterwards by the civil court concerned. On the other hand, Legal Heir Certificate is a certificate by which the civil court concerned adjudicates the fact that who will be the successor of the deceased. In brief, Surviving Member Certificate is the first step to obtain the Legal Heir Certificate.

LawRato LawRato

791 votes

In essence they are the same thing and can be used for the same purpose. The legal heir certificate may be obtained from court while the the surviving member certificate is obtained from the office of DM.
The surviving member certificate is faster and easier to obtain.

Advocate Shekhar Banerjee LawRato

580 votes

Legal heir certificate and surviving member certifcate are one and the same thing. The nomenclatures are different bt the purpose is same. The same may be got issued from the office of SDM. However, it is different from succession certificate which is granted by court

Advocate Deepanshu Garg LawRato

581 votes

Both are different. Legal Heir Certificate or Succession Certificate are issued by a competent court of law, when the person dies intestate -- i.e. dies without leaving a will behind. In that case, all the surviving legal heirs approach the Court for grant of legal heir certificate. Surviving member certificate is issued by the SDM office (in Delhi) and is a plain document which just gets the names of all surviving legal heirs in one document.

Advocate Sanjay Maini LawRato

310 votes

1. Legal Heir Certificate:
   • A legal heir certificate is a legal document that establishes the rightful heirs of a deceased person. It provides proof of the relationship between the deceased and the legal heirs.
2. Surviving Member Certificate:
   • A surviving member certificate, on the other hand, primarily indicates the surviving family members of the deceased but does not establish their legal rights or shares in the deceased's assets.
3. Purpose:
   • Legal Heir Certificate: It is typically used to claim the deceased person's assets, including property, bank accounts, pensions, and other benefits.
   • Surviving Member Certificate: It is used to identify the family members who were alive at the time of the deceased's demise, often for administrative purposes.
4. Number of Surviving Members as Legal Heirs:
   • Legal Heir Certificate specifies the legal heirs and their respective shares in the deceased's assets.
   • Surviving Member Certificate may list all surviving family members but does not define their shares or legal entitlement.
5. Legal Significance:
   • Legal Heir Certificate holds legal weight and can be presented in courts and government offices for asset distribution.
   • Surviving Member Certificate is more of an administrative record and may not carry the same legal authority as a Legal Heir Certificate.
6. Succession Certificate:
   • A Succession Certificate is another legal document used to establish the legal rights of heirs in the deceased's assets.
   • It is different from both Legal Heir and Surviving Member Certificates as it provides a legal basis for transferring assets to heirs.
7. Consulting Legal Experts:
   • When dealing with matters of inheritance and succession, it is advisable to consult legal experts who can guide you on the appropriate certificates and legal procedures to follow.

Understanding the distinctions between these certificates is essential to navigate inheritance matters effectively and ensure that the rights of the legal heirs are protected.

Advocate Chikirsha Mohanty LawRato