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Difference between legal heir certificate and surviving member certificate


08-Jul-2024 (In Documentation Law)
What is the difference between legal heir certificate and surviving member certificate? succession certificate vs surviving member certificate what is surviving member certificate ?
Answers (5)

Answer #1
247 votes
A Surviving Member Certificate, often called a Legal Heir Certificate, is an official document issued by the government to identify the surviving family members or legal heirs of a deceased person. It is mainly used to claim the deceased's assets, transfer property, access bank accounts, or process pension and insurance claims.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
518 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.
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Answer #3
507 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
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Advocate Deepanshu Garg

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Answer #4
908 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.
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Advocate Shekhar Banerjee

Adv. Shekhar Banerjee

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Answer #5
565 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.
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Advocate Sanjay Maini

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