Surviving Member Certificate (SMC)
Legal Heir Certificate
What is a Surviving Member Certificate?
Also referred as Legal Heir certificate in certain states is an official legal document issued by local authorities (Tehsildar/Sub-Divisional Magistrate/Revenue Department) certifying the surviving legal heirs or family members of a deceased person.
Establishes the legal identity and relationship of the applicant(s) with the deceased, primarily for inheritance or succession purposes.
Why is a Legal Heir Certificate Needed?
Needed for bank account settlements & withdrawl, equity / share transferand legal heir benefits with government departments and private institutions.
Useful for mutation of property records and for executing or registering succession-related deeds.
Required to process insurance claims, pension benefits, government service dues, and provident fund withdrawals.
In certain cases, Required for transfer of property ownership, especially when a person passes away without a clear Will.
Succession Certificate
- A succession certificate is a legal document issued by a civil court under the Indian Succession Act, 1925.
- It authorizes the legal heirs of a deceased person (who died intestate—without a will) to collect outstanding debts, securities, and movable assets belonging to the deceased.
- It is essential for accessing funds held in bank accounts, fixed deposits, shares, bonds, insurance policies, and other securities.
- The certificate protects parties paying debts in good faith and grants the holder the authority to negotiate or transfer movable assets of the estate.
What is a Succession Certificate?
- Required by banks, financial institutions, and insurance companies before funds/assets are transferred to heirs in the absence of a will.
- Necessary to recover outstanding debts owed to the deceased by third parties.
- Used to transfer shares, stocks, mutual funds, and similar securities to heirs.
- Provides legal assurance to creditors and third parties dealing with the estate's assets.
Why is a Succession Certificate Needed?