Government Services · Rajasthan · Succession

How to Get a Legal Heir or Succession Certificate in Rajasthan

When a person dies in Rajasthan, the family usually needs a document to prove who the heirs are, to claim a pension, service dues, a bank balance, shares, or to mutate property. Two different documents do this and people mix them up. A legal heir certificate is issued by the Tehsildar (applied for through e-Mitra) and names the surviving family members; it is enough for most pension, provident fund and service claims. A succession certificate is granted by a civil or district court under the Indian Succession Act 1925 and is needed to collect debts and securities such as bank deposits, fixed deposits and shares. This page explains the difference, which one you actually need, and the step by step process for each, including documents, fees and what happens when the heirs disagree. Last verified October 2026.

The short answer
  • Legal heir certificate: from the Tehsildar via e-Mitra; enough for most pension and service claims.
  • Succession certificate: from a civil or district court under the Indian Succession Act 1925; needed for bank balances, deposits and shares.
  • Court fee: a succession certificate fee is usually a percentage of the value of the assets claimed.
  • Objection window: the court issues a public notice and allows about 45 days for objections before granting.
  • Will present: an executor may need probate or letters of administration instead of a succession certificate.

01Legal heir certificate vs succession certificate

Getting the right document saves months. The quick comparison:

Legal heir certificateSuccession certificate
Issued byTehsildar (revenue authority), via e-MitraCivil or district court
UnderState revenue processIndian Succession Act 1925
Mainly used forPension, gratuity, provident fund, service dues, some mutationsCollecting debts and securities (bank balances, fixed deposits, shares)
Time and costFaster, low feeSlower, court fee is a percentage of the value
Dispute handlingNot for contested claimsCourt can decide competing claims

Rule of thumb: for most government and employer dues a legal heir certificate is enough; for banks, companies and securities, institutions usually insist on a succession certificate. A will changes the picture: if there is a valid will, the executor may need probate or letters of administration instead.

02Get a legal heir certificate (Tehsildar route)

The legal heir certificate is applied for through e-Mitra (opened from SSO) or at an e-Mitra kiosk, and is issued by the Tehsildar. Broad steps:

  • 1. Apply. Submit the application on e-Mitra with the deceased person details and the list of surviving heirs.
  • 2. Attach documents. Death certificate of the deceased, identity and address proof of the applicant and heirs, proof of relationship, and an affidavit or self declaration of the heirs.
  • 3. Field inquiry. The Patwari and the Tehsildar verify the heirs, often with a local inquiry and a notice.
  • 4. Issue. After verification the Tehsildar issues the certificate listing the legal heirs, which you can download or collect.

Every heir named should be correct and complete. A certificate that leaves out an heir, or adds a wrong one, can be challenged later and can stall a claim.

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03Get a succession certificate (court route)

A succession certificate comes from a civil or district court under the Indian Succession Act 1925 and is needed to collect debts and securities of the deceased. Broad steps:

  • 1. File a petition. File in the district or civil court with jurisdiction, usually where the deceased lived or where the assets are.
  • 2. List the assets. Set out the debts and securities (bank balances, fixed deposits, shares, bonds) for which the certificate is sought.
  • 3. Court fee. The court fee is generally a percentage (ad valorem) of the value of the assets, so a larger estate costs more.
  • 4. Notice and objections. The court issues a public notice (commonly a newspaper notice) and allows time for objections, usually about 45 days.
  • 5. Grant. If no valid objection is raised, the court grants the succession certificate, and the holder can then collect the listed assets.

If there is a will, the executor may instead seek probate or letters of administration; a lawyer can tell you which one the institution will accept.

04Using it for property mutation

To move immovable property into the heirs names in the revenue record (namantaran or mutation), you apply to the revenue authority with the death certificate and the legal heir certificate. The Patwari and Tehsildar update the Jamabandi on Apnakhata. A clean, complete legal heir certificate makes this straightforward; a disputed one does not, and the Tehsildar may ask the parties to settle the heirship question first, sometimes in court.

For intestate cases (no will), who the heirs are is decided by the succession law that applies to the deceased. Read how intestate succession works for Hindus in India for the order of heirs.

05When succession is disputed

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.

Succession is smooth when the family agrees. It becomes a legal matter when heirs disagree, when a will is questioned, or when a bank or company refuses a claim without a court order. That goes to a civil or district court: a succession certificate petition, a probate petition, or a partition suit, and that is where Claw helps. Once a petition is filed there is a case number and a forum, and you can create a FREE Claw account to track the matter across the court that hears it, with hearing dates and order updates in one place. Claw covers 9,102 courts, benches and forums, so a succession petition, a probate matter or a partition suit all have a tracking home. You can also search 30 crore+ judgments (Supreme Court decisions from 1950 and High Court decisions from 1990) to see how courts have treated similar succession and heirship disputes, with results in under 5 seconds, and Claw does not train its AI models on your documents. This is general legal information and case tracking, not legal advice on your family matter, and a case search that shows nothing only means nothing was found on the forums and date searched.

To see how a similar succession dispute was decided, run a case search across Indian courts by party name or subject.

06Sources and further reading

This page is general information for readers in Rajasthan, not legal advice. Which certificate an institution accepts can vary, so confirm with the paying office or bank before you apply.

07Frequently asked questions

What is the difference between a legal heir certificate and a succession certificate?

A legal heir certificate is issued by the Tehsildar (through e-Mitra) and simply names the surviving heirs; it is used for pensions, provident fund, gratuity and service dues. A succession certificate is granted by a civil court under the Indian Succession Act 1925 and is needed to collect the debts and securities of the deceased, such as bank balances, fixed deposits and shares.

Which one do I need to claim a bank fixed deposit?

Banks usually insist on a succession certificate (or probate if there is a will) to release debts and securities like fixed deposits and shares, especially without a valid nomination. Ask the specific bank what it will accept before you choose a route.

How do I apply for a legal heir certificate in Rajasthan?

Apply through e-Mitra (opened from SSO) or at an e-Mitra kiosk with the deceased person details and the list of heirs, attach the death certificate, identity and relationship proof and an affidavit, and the Patwari and Tehsildar verify the heirs before the certificate is issued.

How much does a succession certificate cost?

The main cost is the court fee, which is generally a percentage (ad valorem) of the value of the assets for which the certificate is sought, so a larger estate costs more. There are also lawyer and notice charges. Confirm the current court fee rate for Rajasthan.

Can I use a legal heir certificate to transfer property?

Yes, for mutation (namantaran) you apply to the revenue authority with the death certificate and the legal heir certificate, and the Jamabandi on Apnakhata is updated. If the heirship is disputed, the Tehsildar may require the parties to settle it, sometimes in court, first.

What if the heirs do not agree on the shares?

Then it is a dispute for the civil court, through a succession petition or a partition suit, which can decide competing claims. You can track that case across the court that hears it and look up how similar disputes were decided.

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