Legal Heir Certificate vs Succession Certificate: Which for Land?
Legal heir certificate or succession certificate after a death in India? What each is, who issues it, which one land mutation needs, and how NRI heirs apply.
By the PlotPehra Land DeskUpdated 6 min read
Which certificate for land?
On this page
For land in India, you usually need a legal heir certificate (or similar proof of heirs) to get the record mutated, not a succession certificate. A succession certificate is a court document for collecting money, such as deposits and shares, that the person who died was owed. This guide explains the difference, which one each office asks for, and how heirs who live abroad can get it done without a wasted trip.
What is the difference, in one table?
They sound alike but come from different offices and do different jobs. The legal heir certificate is administrative; the succession certificate is judicial.
| Legal heir certificate | Succession certificate | |
|---|---|---|
| Issued by | Tehsildar or revenue office (varies by state) | District civil court |
| Under | State administrative procedure | Indian Succession Act, 1925, Part X |
| What it says | Who the surviving family members are | Who may collect named debts and securities |
| Typical use | Land mutation, pensions, small balances, utilities | Bank deposits, shares, bonds, money owed |
| Needed for land? | Often asked for, alongside the death certificate | Generally no |
| How it is made | Local inquiry, often by the patwari or village officer | Court notice, chance to object, then an order |
| Cost and time | Small fee; usually weeks | Court fee based on the value covered; usually months |
| Decides shares? | No | No |
Neither document makes anyone the owner. Ownership passes by inheritance law or a will at the moment of death. The certificates only prove who the heirs are, for a particular office.
Which one do you need for land?
For land, the job is mutation: getting the revenue record changed from the deceased to the heirs. Most revenue offices want the death certificate, the current record of rights, and proof of who the heirs are.
That proof is usually a legal heir or family member certificate, a family tree and affidavits. Some offices rely on the patwari's own inquiry instead. Our mutation after death documents tool builds the exact checklist, and the mutation guide explains what intkal, varsai and dakhil-kharij mean in each state.
A succession certificate becomes relevant when the person also left money in banks, shares or bonds, and the institution will not release it on a legal heir certificate or indemnity alone. Then you may need both: a succession certificate for the money and mutation for the land. They are separate processes.
What are the names in different states?
The idea is the same everywhere, but the name and office change. When you call the tehsil, use the local term.
- Tamil Nadu and Kerala: usually called a legal heir certificate, from the tahsildar.
- Andhra Pradesh and Telangana: often a family member certificate.
- Uttar Pradesh: heirs are recorded through varasat (inheritance) mutation in the khatauni.
- Punjab and Haryana: the patwari records an inheritance intkal after checking the heirs.
- Maharashtra: the heirs' entry is called varas nond; where heirship itself is in doubt, a civil court heirship certificate may be asked for.
Rules, fees and online options change, so confirm with the issuing office or your state's e-district portal before applying. The state guides list each state's record and mutation names.
How do heirs apply, step by step?
The process is similar in most states. Plan for the slowest heir, usually the one abroad.
Get the death certificate
Get several certified copies from the local registrar of births and deaths. Every later step needs one.Draw the full family tree
List every heir under the applicable law: spouse, sons, daughters, and the children of any child who died earlier. Include everyone abroad. The inheritance share calculator helps you check who counts.Apply for the legal heir or family member certificate
One heir usually applies at the tehsil or through the state's e-services, naming all heirs. Expect a local inquiry and sometimes a public notice.Collect consents from heirs abroad
Heirs abroad sign any needed affidavit before a notary and get it apostilled, or attested at an Indian embassy or consulate.Apply for mutation
File the mutation with the death certificate, record of rights, title document and the heir proof. Watch for the objection notice and the final order.Check the updated record
Pull a fresh copy of the record and confirm every heir and share is shown correctly. Keep the mutation order with your title papers.
Use the inheritance share calculator for a first estimate of shares under the Hindu Succession Act. For anything disputed, talk to a local property lawyer.
What about a will, probate and letters of administration?
If there is a will, the beneficiaries named in it apply for mutation instead of the heirs under the law, and the office looks harder at the document. A registered will is easier to rely on.
Probate is a court's confirmation that a will is genuine. It used to be compulsory for some wills covering property in Mumbai, Kolkata and Chennai, but section 213 of the Indian Succession Act was omitted with effect from December 2025, so it is no longer mandatory anywhere. It is still useful when relatives may dispute the will. Letters of administration are the court route where there is a will but no executor, or no will at all and the estate needs an administrator.
If an heir wants to give up their share, the clean way is a registered relinquishment deed, not a letter. Our guide on gift deed vs will vs relinquishment deed compares the options.
How long does each take, and what does it cost?
A legal heir certificate usually costs a small application fee and takes a few weeks if the papers are complete and nobody objects. Several states have service guarantee laws that set target timelines for these certificates.
A succession certificate takes longer because the court issues a notice and waits for objections. Months is normal, and longer if anyone contests. The court fee is a percentage of the value of the debts and securities covered, and it varies by state. A local lawyer can tell you the current fee.
What should you do after the land is mutated?
Keep watching it. The months after a death are when records are most often misused, because the family is busy and the record is in flux.
Check the record again a few weeks after mutation, then every few months. If you plan to sell, our guide to selling inherited property as an NRI covers the next steps. If a relative has started using the land as their own, see illegal possession by relatives.
PlotPehra checks the official land record every week in 19 states and flags a new owner, a new mutation or a changed share, and watches the land itself by satellite. A real person explains every alert in English and your home language. No power of attorney, ever.
This is general information, not legal advice. For your family's facts, especially if heirs disagree, talk to a local property lawyer.
Questions people ask
Generally no. A succession certificate covers debts and securities, such as deposits and shares. Land passes by inheritance or a will, and the revenue record is updated by mutation, usually with a death certificate and proof of heirs such as a legal heir certificate or family tree.
Usually the tehsildar or another revenue officer of the area where the deceased lived, after a local inquiry. The name and the office vary by state; in some places it is called a family member or heirship certificate, and in some it comes from a municipal body.
Often an heir in India applies, with the others named in the application. An heir abroad may need to sign an affidavit or consent before a notary and have it apostilled or attested at an Indian mission. Check the exact requirements with the issuing office.
No. It lists who the heirs are. Shares come from the applicable succession law, such as the Hindu Succession Act, or from a valid will. The inheritance share calculator gives a first estimate.
Ask the issuing office to correct it or file an objection quickly, with proof of relationship. If the land has already been mutated without you, see our guides on a name removed from the land record and on challenging a wrong mutation, and talk to a local property lawyer.
About the PlotPehra Land Desk
Our team reviews satellite and land-record changes on NRI-owned land across India, and writes these guides from the questions families ask us. We’re not lawyers — for legal decisions, always speak to a local property lawyer. More about us · How we research our guides.
