What does Legal Heir and Succession Certificate mean ?

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Legal Heir is a term given to describe a person or people nearest in kin to the deceased person.
In every state there are laws that list the order of heirs. These laws are called "laws of intestate succession." When a person dies intestate, or without a will, the laws of the state where he resided determine how his estate is distributed. According to these laws, specific family members, or heirs, have a right to inherit a share of the decedent's property. Although state laws vary, there is a common hierarchy of heirs.

Probate courts help determine heirship. These courts typically have a process through which relatives of the decedent can find out who the heirs of the estate are, as well as how much each heir is entitled to receive. Heirs can file for a determination of heirship with the probate court in the state where the decedent lived.
Succession certificate can be obtained from district or the High Court within whose jurisdiction, the assets fall, by filing a petition. Usually, succession certificate takes 3-4 months (sometimes 5-7 months), if it is not contested by anyone. The succession certificate authorises the person to distribute the assets to the legal heirs as per the succession law.

Most people think that if the succession certificate is obtained then the person is the rightful owner of the deceased person's properties, which is not true. A succession certificate allows the person to act exactly similar to how a nominee would act. It gives the authority to the holder for distributing the deceased person's assets. A Succession Certificate is not granted in cases where obtaining a Probate of Letter of Administration is necessary such as when there is a valid will.
Succession certificate can be revoked as per Section 383 of the Indian Succession Act.

Advocate Abhijit Vijay LawRato