Understanding the Inheritance Certificate in India

Losing a loved one is emotionally challenging, and the legal formalities that follow can be overwhelming. One crucial document that helps with asset transfer and succession processes is the inheritance certificate. However, this document is known by different names across various states in India. Understanding these regional terms is essential for legal clarity—especially for Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), and Indians living abroad who need to handle inheritance matters remotely.

This comprehensive article outlines the different names, legal relevance, procedures, and challenges surrounding inheritance certificates in India, with a focus on how NRIs and OCIs can navigate the system smoothly.

Different Names for Inheritance Certificates Across India

While the purpose of this document remains consistent—to establish the rightful heirs of a deceased individual—the names and issuing authorities differ across states. Common regional variations include:

Varisan Certificate

Widely used in southern states like Tamil Nadu, the Varisan Certificate is issued by local revenue authorities to confirm legal heirs.

Legal Heir Certificate

This is perhaps the most commonly recognised name across India. It serves as legal proof of the relationship between the deceased and surviving heirs and is required for claiming property, pensions, and bank assets.

Heirship Certificate

Popular in western and some southern regions, this certificate is essential for property disputes, financial transactions, and government benefit claims.

Certificate of Heir

A simpler, informal term for inheritance documentation, often used interchangeably with the others, especially in urban settings.

1. Why Is the Inheritance Certificate Important?

The inheritance certificate plays a vital role in ensuring the legal transfer of a deceased person’s estate. It allows the legal heirs to:

Claim movable and immovable assets such as property, vehicles, and bank balances
Access investments and insurance payouts
Transfer utility services (electricity, gas, water)
Assert legal rights in disputes or court proceedings

Without this certificate, the process of asset distribution becomes significantly delayed and complex—especially when legal disputes arise among heirs.

2. Legal Framework Governing Inheritance in India

Unlike some countries with a unified succession law, India follows a combination of central and state-specific laws based on religion and region.

Indian Succession Act, 1925

Applies to Christians and others not covered under personal laws. It governs the issuance of succession and inheritance certificates through civil courts.

Hindu Succession Act, 1956

Applicable to Hindus, Buddhists, Jains, and Sikhs. It defines the hierarchy of legal heirs and inheritance rights.

Muslim Personal Law (Shariat) Application Act, 1937

For Muslims, inheritance is governed by Islamic law, where shares of heirs are pre-defined.

3. State Revenue Codes and Local Acts

In states like Maharashtra, Tahsildars issue heirship certificates under the authority of the Maharashtra Land Revenue Code, 1966. Other states follow similar legal frameworks, where designated local officers handle such responsibilities.

Important Note: The inheritance certificate, issued by local revenue authorities, serves a different purpose than the succession certificate. Civil courts grant succession certificates specifically for managing debts, financial securities, and other court-recognised monetary claims.

4. Latest Court Rulings on Heirship and Succession

In Hanuman Prasad Khemka & Anr vs State Bank of India & Anr (2021), the court ruled that banks must honour legal heir certificates for access to lockers and accounts. While this judgment did not redefine inheritance law, it affirmed the evidentiary value of heirship documents.

Courts continue to rely on these certificates, alongside other legal documents, to establish rightful heirs in cases involving property and succession disputes.

5. How to Obtain an Inheritance Certificate in India

Step-by-Step Process

Application Submission: Submit the application to the local Tehsildar, municipal office, or designated revenue authority in the area where the deceased resided.

Documentation Required

Death certificate of the deceased
Proof of relationship (such as birth certificate, passport, Aadhaar)
Identity and address proofs of legal heirs
Affidavit and self-declaration from heirs

Verification: The authorities may conduct local verification, issue public notices, and allow for objections before issuing the certificate.

Issuance of Certificate: Upon successful verification, the inheritance certificate is granted. The time required may vary by state, typically ranging from 15 days to 2 months.

6. Challenges in Obtaining Inheritance Certificates

Legal Disputes: Disagreement among heirs often stalls the process.
Incomplete Documentation: Missing relationship proof, discrepancies in names or addresses, and lack of original death certificates are common causes for rejection.
Regional Variations: Every state has its procedures and terminology, making it confusing for those unfamiliar with local laws.

7. For NRIs and OCIs: How to Obtain an Inheritance Certificate from Abroad

Many NRIs and OCIs inherit assets in India but are unfamiliar with local bureaucratic procedures. Here’s how to navigate the process from overseas:

Appoint a Legal Representative:

Engage a trusted lawyer or legal consulting firm in India who can handle all submissions and verifications on your behalf.

Online Services (in Some States):

Certain states offer digital application portals. However, these often require Aadhaar authentication, making legal representation essential for NRIs.

Embassy Assistance:

Indian embassies and consulates can guide you with document attestation and affidavits, though they do not issue certificates directly.

Outlook: Towards a Unified and Digital Process

The lack of uniformity in terminology and process across India creates unnecessary confusion, especially for NRIs and OCIs. With the increasing digitalisation of land records, civil registries, and legal portals, there is hope for a more streamlined and centralised system in the near future.

Until then, awareness, legal guidance, and local knowledge remain critical for managing inheritance matters efficiently.

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Inheritance Certificate in India: Different Names, Legal Importance, and Guidance for NRIs & OCIs