When a family member dies, the first practical question is often which document a bank, registrar or employer will accept: a legal heir certificate, a succession certificate or probate of a will. Each serves a different purpose, and applying for the wrong one costs months. A properly made will avoids much of this.
Making and registering a will
A will must be in writing, signed by the person making it and attested by two witnesses who sign in that person's presence (Section 63 of the Indian Succession Act, 1925). It can be changed or revoked at any time, and only the last valid will takes effect. A beneficiary, or a beneficiary's spouse, should not be an attesting witness, because a bequest to an attesting witness is void.
Will registration is optional under the Registration Act, 1908. An unregistered will is not invalid, but a registered will is harder to dispute, because the Sub-Registrar's record shows that the testator appeared and admitted it. A Muslim may bequeath up to one-third of the estate without the heirs' consent.
Probate and letters of administration
Probate is a court's certificate that a will is genuine and that the executor named in it may administer the estate. Where there is no will, or no executor able to act, the court grants letters of administration instead. Probate is not compulsory for every will; that depends on where the will was made and where the property lies, although some institutions ask for it anyway.
The petition goes to the District Judge with the original will, the death certificate and details of the property and heirs. Notice is issued to the heirs and published. If anyone objects, the matter proceeds as a regular suit, with evidence from the attesting witnesses.
Succession certificate or legal heir certificate
A succession certificate under Section 372 of the Indian Succession Act, 1925 is granted by the District Judge. It allows the holder to collect debts and securities of the deceased, such as bank deposits, shares and other sums payable to the estate. It does not decide title to land or buildings. The court issues notice before granting it and may require security.
A legal heir certificate is issued by the revenue authorities after verifying the family details, and identifies the surviving heirs. It is commonly used for family pension, service dues, mutation of land records and transfer of utility connections. It is an administrative document, not a court order, and does not settle disputes about shares.
| Document | Issued by | Used for |
|---|---|---|
| Probate | District Judge, to the executor named in a will | Proving the will and authorising the executor to administer the estate |
| Letters of administration | District Judge | Administering an estate where there is no will or no executor to act |
| Succession certificate | District Judge | Collecting debts and securities of the deceased, such as deposits and shares |
| Legal heir certificate | Revenue authorities | Identifying heirs for pensions, service dues, mutation and utility transfers |
Inheritance, daughters' rights and family settlements
Where there is no will, the Hindu Succession Act, 1956 decides who inherits. A Hindu man's property goes first to his Class I heirs, including his widow, children and mother, who share it under the rules the Act lays down. Since the 2005 amendment, a daughter is a coparcener by birth in joint family property, with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that this right does not depend on the father having been alive on the date of the amendment.
Heirs often divide property through a family settlement or a partition deed rather than a suit. Whether the document must be stamped and registered depends on its wording, so it needs careful drafting. Where heirs cannot agree, a partition suit is filed in the civil court; our page on property and civil disputes explains how such suits proceed.
Some families prefer a private trust under the Indian Trusts Act, 1882 to hold property for children or dependants, while charitable trusts are formed under the applicable public trust law. The trust deed and the choice of trustees deserve as much care as a will.
Where succession matters are decided in Raipur and Bilaspur
Probate, letters of administration and succession certificates are granted by the District Judges at Raipur and Bilaspur, with appeals to the High Court at Bilaspur. Wills, family settlements and partition deeds are registered at the Sub-Registrar offices. Legal heir certificates come from the revenue authorities, and mutation of inherited land is carried out under the Chhattisgarh Land Revenue Code, 1959; the records can be checked on the State's Bhuiyan portal.
- Death certificate of the deceased
- The will and any codicil, in original if available
- A list of all heirs with their ages and addresses
- Sale deeds, khasra and B-1 extracts for land
- Bank, deposit, insurance and share statements, with any nominations
To plan a will or settle an estate, you can contact the firm or call on our Raipur office.
What the practice handles
- Drafting wills and codicils
- Registration of wills before the Sub-Registrar
- Probate and letters of administration
- Contested probate and challenges to wills
- Succession certificates under Section 372 of the Indian Succession Act
- Legal heir certificate applications and objections
- Daughters' coparcenary claims under the Hindu Succession Act
- Family settlement, partition and release deeds
- Partition suits among heirs
- Mutation of inherited land in the revenue records
- Private family trusts and charitable trusts
Where these matters are heard
- District Judges at Raipur and Bilaspur, for probate and succession certificates
- Civil courts, for partition and declaration suits
- Sub-Registrar offices, for registration of wills and deeds
- Revenue authorities, for legal heir certificates and mutation
- High Court of Chhattisgarh, Bilaspur, for appeals
Questions about Wills, Succession & Estates
What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate is issued by the revenue authorities and identifies the heirs of a deceased person, mainly for pensions, service dues and changes in records. A succession certificate is granted by the District Judge under Section 372 of the Indian Succession Act, 1925 and allows the holder to collect debts and securities, such as bank deposits and shares. Banks and companies often ask for a succession certificate where there is no nominee or the amount is large.
Is registration of a will compulsory?
No. Registration of a will is optional under the Registration Act, 1908. An unregistered will is valid if it is in writing, signed by the person making it and attested by two witnesses. Registration before the Sub-Registrar is still advisable where a dispute is likely, because the registration record shows that the testator personally appeared and admitted the will.
Is probate compulsory in Chhattisgarh?
Usually not. For wills made by Hindus, Sikhs, Jains and Buddhists, Section 57 of the Indian Succession Act makes probate compulsory only for wills made in, or dealing with immovable property in, areas of the former Bengal Presidency and the cities of Chennai and Mumbai. A will made in Chhattisgarh about property here generally does not need probate, although an executor may still seek it and some institutions ask for it.
Do daughters have an equal share in ancestral property?
Yes. Since the Hindu Succession (Amendment) Act, 2005, a daughter is a coparcener by birth in a Hindu joint family, with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that her right does not depend on whether her father was alive on 9 September 2005. Partitions completed before 20 December 2004 by registered deed or court decree are not reopened.
What documents are needed for a succession certificate?
The petition to the District Judge usually needs the death certificate, proof of the petitioner's relationship to the deceased, a list of all heirs with their addresses, and details of each debt or security claimed, such as account numbers, deposit receipts or share folios. No-objection statements from the other heirs help. The court issues notice before granting the certificate and may ask for security.
Can a will be challenged?
Yes. A will can be challenged for improper execution or attestation, the testator's lack of sound mind, fraud, coercion or undue influence, or suspicious circumstances surrounding its making. The person relying on the will must prove it, usually through at least one attesting witness. A challenge raised in probate proceedings turns them into a contested suit; it can also be raised in a civil suit.
Does a legal heir certificate transfer land into my name?
No. A legal heir certificate identifies the heirs but does not itself change the land records. In Chhattisgarh, heirs apply for mutation under the Chhattisgarh Land Revenue Code, 1959 so that their names are entered in the revenue records. Mutation serves revenue purposes and does not decide title, so a disputed claim still has to be settled in the civil court.
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This page describes the law in general terms as of 24 September 2026. It is not legal advice. The outcome of any matter depends on its facts, and the firm does not guarantee results.
