After a death, families are told they need a certificate before a bank, society or office will act. Three documents are named most often, and they are not interchangeable. Which one is needed depends on whether there is a will and on what asset is involved.
Key facts
- Legal heir certificate
- Issued by the revenue authority or local body; used for smaller matters such as pension or PF; does not decide title
- Succession certificate
- From a court (Section 372, Indian Succession Act) to collect debts and securities such as bank deposits and shares
- Probate
- A court’s certification that a will is genuine
- Probate in Mumbai
- No longer compulsory: Section 213 was omitted by the Repealing and Amending Act, 2025
Legal heir certificate
This is an administrative document, usually issued by the revenue authority or the local body on inquiry, naming the persons recognised as the deceased’s heirs. It is commonly accepted for smaller matters such as a pension, a provident fund or a service benefit. It does not decide title, and an institution is free to ask for something stronger.
Succession certificate
Under Part X of the Indian Succession Act, 1925 a court may grant a succession certificate to collect debts and securities of the deceased, for example bank deposits or shares, where there is no will or where the will is not being probated. Section 372 provides for the application, and the certificate empowers the holder to receive the debts it covers, often after the court calls for objections by publication. Courts commonly ask for security, such as an indemnity bond, for the amount.
Probate
Probate is the court’s certification that a will is genuine and that the executor named in it is entitled to administer the estate. It is granted by the High Court or the competent court after notice to those with an interest.
Changed in December 2025: Section 213 of the Indian Succession Act, 1925, which made probate compulsory for wills made within the original limits of Mumbai, Chennai and Kolkata (and for wills dealing with immovable property there), was omitted by the Repealing and Amending Act, 2025, which received assent on 20 December 2025. Probate is therefore no longer a legal precondition to establishing a right as executor or legatee. It remains available, and is still advisable where the will may be challenged or where a bank, housing society, developer or purchaser insists on it. Probates already granted and proceedings already pending are not affected.
Choosing between them
- If there is a will and it may be disputed, or an institution asks for it, probate is still the safest route.
- If there is a will that nobody disputes, probate is now optional; the institution concerned may accept the will with supporting documents, or may still ask for probate.
- If there is no will and the asset is a debt or security, a succession certificate is the usual route.
- A legal heir certificate supports the claim but may not suffice by itself.
- Immovable property that devolves by intestacy is dealt with according to the personal law of the deceased and the records of the revenue authority or society concerned.
Practical points
Original death certificate, proof of relationship, details of every asset and the names of all heirs should be gathered at the start. An heir who is omitted from an application can later object, so the list of heirs should be complete.
This article is general legal information and is not advice on any particular matter. Facts differ, and the law and prescribed forms are amended from time to time, so documents and dates should be checked against the current provisions before any step is taken.
Related service: Property Matters in Mumbai
See also: Transfer of a society flat after a member dies.
See also: A daughter’s share in ancestral property.
See also: Muslim inheritance share calculator.