How-to · Bihar · Legal Heir & Succession
How to Get a Legal Heir or Succession Certificate in Bihar
After a death, families in Bihar often need a document proving who the heirs are. There are two very different documents, and using the wrong one wastes months. A legal heir certificate is a revenue-authority document that simply names the surviving family members, and in Bihar you apply for it through the Right to Public Services (RTPS) system, with the Circle Officer issuing it. A succession certificate is a court document under section 372 of the Indian Succession Act 1925 that authorises the heirs to collect the deceased's debts and movable assets, such as bank balances, shares and deposits, and it is granted by the civil court, not by a government office. This page explains which one you need for banks, pensions, insurance, property and assets, how to apply for the legal heir certificate on Bihar RTPS, how a succession certificate petition works in the district civil court, the costs and timelines, and what to do when heirship or a will is disputed. Portal links and court procedure change, so confirm the current details before you start. Last verified October 2026.
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01Legal heir vs succession certificate
These two are confused all the time. They are not interchangeable.
| Feature | Legal heir certificate | Succession certificate |
|---|---|---|
| Issued by | Revenue authority (Circle Officer) via RTPS | Civil court |
| Governing basis | State revenue practice | Indian Succession Act 1925, section 372 |
| What it does | Names the surviving heirs | Authorises heirs to collect debts and movable assets |
| Typical use | Pension, gratuity, simple transfers, many government purposes | Bank balances, shares, deposits and debts of the deceased |
| Time and cost | Faster, low fee | Slower, court process with court fee on asset value |
02Which one you need
Let the asset decide:
- Pension, gratuity, provident fund, many government dues and simple transfers: a legal heir certificate (sometimes a family-member certificate) is usually enough.
- Bank deposits, fixed deposits, shares, mutual funds and other movable assets where the institution asks for it: a succession certificate from the civil court is typically required.
- Where there is a will: the executor may need probate or letters of administration instead (see below).
- Immovable property: transfer is through mutation and registration based on heirship or a will, and the institution or registrar will tell you which proof it accepts.
Ask the bank, office or registrar in writing exactly which document they need before you start, so you do not apply for the wrong one.
03Legal heir certificate on Bihar RTPS
The legal heir certificate in Bihar is a revenue document applied for through the RTPS/ServicePlus system.
- Go to the Bihar RTPS/ServicePlus portal at serviceonline.bihar.gov.in and find the legal heir or family-member certificate service.
- Fill the application with the deceased's details, the date of death, and the names and relationship of all surviving heirs.
- Upload the death certificate, identity and address proof of the applicant and heirs, and proof of relationship (ration card, Aadhaar, family details).
- Submit and note the RTPS reference. The Circle Officer verifies, often with a local enquiry, and issues the certificate. Track the status with the reference number.
Bihar may list this as a legal heir certificate or a family-member certificate depending on the purpose. Check the exact service name on serviceonline.bihar.gov.in.
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04Succession certificate in the civil court
A succession certificate is a court grant, so there is no shortcut portal; it is a petition before the district civil court.
- Where. File a petition under section 372 of the Indian Succession Act 1925 before the district court (or the court with jurisdiction) where the deceased ordinarily lived or where the assets are.
- What goes in. The death certificate, the relationship of the petitioner to the deceased, the list of heirs, and the details and value of the debts and securities (bank accounts, deposits, shares) for which the certificate is sought.
- Notice and objections. The court issues a public notice so that anyone with a claim can object. If there is no valid objection, the court grants the certificate.
- Court fee. A court fee is charged, usually a percentage of the value of the assets, as per the Court Fees Act and the state schedule.
For the standalone explainer, see the succession certificate explained.
05Where a will is involved: probate
If the deceased left a will, the route changes:
- Probate is the court's certification of a will and the executor's authority to act on it. In the areas and cases where probate is required, the executor applies to the appropriate court.
- Letters of administration are granted where there is no executor or no will, to administer the estate.
For the probate process, see probate of a will in India. A will does not always need probate everywhere, so check what the bank, registrar or asset holder actually requires.
06When heirship is disputed
Death and money bring out disputes. When heirship, a will or a share is contested, it is a court matter:
- Objections to a succession or probate petition are decided by the same court, which can turn the matter into a contested suit.
- A partition suit among heirs over property is filed in the civil court.
- A challenge to a will (genuineness, undue influence) is fought in court, often alongside the probate petition.
These matters run across hearings and can take time, so tracking the case properly matters.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
The legal heir certificate is a revenue task on a portal. A succession certificate, a probate petition or a contested inheritance is a court matter. Once a petition is filed, or heirship or a will is disputed, it becomes a case before the district or High Court with hearings, objections and orders to follow. You can create a FREE Claw account to track that matter on the court that hears it. Claw covers 9,102 courts, benches and forums, including the district and High Courts across Bihar, so there is a real tracking home for a succession or probate matter; its judgment search spans 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, so you can read how similar succession, probate and partition disputes were decided. Results return in under 5 seconds, and Claw does not train its AI models on your documents. This is general information, not legal advice on your inheritance or any petition.
08Sources and further reading
- Bihar RTPS / ServicePlus (legal heir / family-member certificate): serviceonline.bihar.gov.in
- eCourts (succession and probate case status): ecourts.gov.in
- eCourts district services: districts.ecourts.gov.in
- Department of Justice: doj.gov.in
- Claw: clawlaw.in
This page is general information for an Indian audience, not legal advice. Confirm the current Bihar RTPS service, the court with jurisdiction and the court fee before applying.
09Frequently asked questions
What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate is a revenue-authority document that simply names the surviving heirs, issued in Bihar through RTPS by the Circle Officer. A succession certificate is a civil court grant under section 372 of the Indian Succession Act 1925 that authorises heirs to collect the deceased's debts and movable assets. They are not interchangeable.
How do I apply for a legal heir certificate in Bihar?
Apply through the Bihar RTPS/ServicePlus portal at serviceonline.bihar.gov.in. Fill the deceased's details and the heirs, upload the death certificate, identity proof and relationship proof, and submit. The Circle Officer verifies, often with a local enquiry, and issues the certificate. Track it by reference number.
When do I need a succession certificate instead?
When you have to collect the deceased's bank deposits, fixed deposits, shares or other movable assets and the institution asks for it. This needs a petition before the district civil court, a public notice for objections, and a court fee on the value of the assets.
What if there is a will?
The executor may need probate (the court's certification of the will) or letters of administration, rather than a succession certificate. A will does not always need probate everywhere, so check what the bank, registrar or asset holder requires before choosing the route.
How long does a succession certificate take?
Longer than a legal heir certificate, because it is a court process with a public notice period for objections. If no one objects, the court grants it after the notice; a contested matter takes longer. The legal heir certificate through RTPS is usually faster.
What happens if the heirs disagree?
Objections to a succession or probate petition are decided by the same court and can turn into a contested suit. A dispute over property among heirs is a partition suit in the civil court, and a challenge to a will is fought in court, often alongside the probate petition.