Well, Succession Certificate is issued by Court under Indian Succession Act, and Legal heirship certificate is issued by Tehsildar or local authority..
So if it's self acquired is the succession certificate mandatory? Or if there's limited successor then ? Example let's say the parents pass away, and remaining are their children, i.e siblings, two brothers. Do they need a succession certificate or if they're not in conflict can they continue living as it is without a succession certificate and just a legal heir certificate?
Actually due to differences in state practice it's not easy to interpret. Especially since we're taught this in a generalised way in law school. Whereas in reality it's far more complex than what's written in theory.
LH certificate is issued by the local magistrate to prove that you're the legal heir. Succ Cert by the court to administer succession of securities, accounts and other financial assets.
There is never an "inheritance" when a karta dies. The JFP continues to be owned by HJF and the eldest of the co-parceners becomes the karta. You may not need anything other than a death certificate of the karta to show the HJF is comprised of X, Y and Z. The succession certificate business is only when the property is self acquired. Legal heriship certificates are what revenue officials issue, and don't necessarily carry legal weight in a lot of states. Succession certificate is what is given under the Indian Succession Act by a court, and is evidence of ownership of the property in question by succession after the petitioner establishes title by succession.
Depends on the state at times. Generally, a succession certificate is needed when the departed did not leave a will (thereby no probate). This is important to verify and give legal recognition to the appropriate heirs.
In case of death of karta of an inherited property, what's the difference between these two ? Should the class 1 heirs need these two or one or neither ?
Easy to read but easier to just post here right?