Government Services · West Bengal · Succession
How to Get a Legal Heir or Succession Certificate in West Bengal
When a person dies in West Bengal, the family usually needs an official paper that names the legal heirs. There are two very different documents, and people often confuse them. A legal heir (Warish) certificate names the surviving family members and is used for things like mutation of land, a pension transfer, a gratuity claim or a government service benefit. A succession certificate is a court order, granted by the district civil court under the Indian Succession Act 1925, and is used mainly to collect debts, bank balances, shares and other movable assets of the deceased. This page explains both, shows how to file the online Warish application on the Banglarbhumi portal, lists the documents, the fee and the timeline, the usual reasons an application is held up, and when you have to go to court instead. Last verified October 2026.
- Legal heir (Warish): apply on Banglarbhumi Citizen Services; names the heirs for mutation, pension and service benefits.
- Succession certificate: a district civil court order under the Indian Succession Act 1925, for bank balances, shares and debts.
- Papers: registered death certificate, identity and relationship proof for every heir.
- List all heirs: leaving one out is the top reason a certificate is challenged.
- If disputed: the civil court decides partition or succession; Claw can track it.
01Legal heir certificate vs succession certificate
Getting the right document saves weeks of running around. The quick test is what you need it for.
| Document | What it does | Who issues it |
|---|---|---|
| Legal heir (Warish) certificate | Names the surviving heirs; used for mutation, pension, gratuity, service benefits | Revenue authority via Banglarbhumi, or BDO / Gram Panchayat / Municipality |
| Succession certificate | Authorises heirs to collect debts and movable assets (bank, shares, deposits) | District civil court under the Indian Succession Act 1925 |
| Letters of administration / probate | For an estate with a will, or wider administration of the estate | Civil court |
For routine family work, such as getting a dead parent name replaced on a land record, the Warish certificate is usually enough. The moment a bank, a company or a dispute is involved, you are likely to need the court document.
02Documents you need
Keep clear scans ready before you apply for the Warish certificate:
| Document | Why it is asked |
|---|---|
| Registered death certificate of the deceased | Proof that the person has died and the date |
| Identity proof of the applicant and each heir | Aadhaar, voter ID or similar |
| Relationship proof | Shows how each applicant is related to the deceased |
| Ration card or family record | Supports the family composition |
| Land record (khatian), if for mutation | Links the heirs to the property to be mutated |
List every legal heir, not just the one applying. Leaving out an heir is the most common reason a heirship document is challenged later, so name all surviving children, the spouse and the parents as the law requires.
03Step by step: Warish application online
The online legal heir route in West Bengal runs through the Banglarbhumi portal as a Warish application.
- 1. Open Banglarbhumi. Go to banglarbhumi.gov.in and register or sign in as a citizen.
- 2. Go to Citizen Services. Open the Citizen Services section and then the online application menu, where you find "Warish Application".
- 3. Fill the form. Enter the details of the deceased, the date of death and every legal heir with their relationship.
- 4. Upload documents. Attach the death certificate, identity and relationship proofs in the sizes the form asks for.
- 5. Submit and note the number. Submit the application and write down the application number shown on screen for tracking.
After you submit, the revenue staff verify the family details, sometimes with a local enquiry, before the certificate is issued. A general explainer of the national legal heir certificate route is at how to apply for a legal heir certificate in India.
04Fee, timeline and who signs
The Warish application carries a small fee, and in many cases the service is low cost or nominal. The certificate is issued on the revenue side after verification, and some local bodies (Gram Panchayat, BDO or Municipality) also issue a heirship or family certificate through their own counters.
Timelines depend on how fast the local verification is done. A straightforward family with clean documents can be cleared in a few weeks, while a case with missing records or a local objection takes longer. Track the status on the portal using your application number and follow up at the local office if it stalls at verification.
05When you need a court succession certificate
A legal heir certificate does not let you collect a bank balance, encash shares or recover a loan the deceased had given out. For that you need a succession certificate from the district civil court under section 372 of the Indian Succession Act 1925. The numbering here is settled, but always confirm the current procedure against the bare Act and the local court rules.
You file a petition in the district court that has jurisdiction, list the heirs and the debts and securities, pay court fee that is usually a percentage of the value, and the court issues a notice, hears objections and then grants the certificate. Where there is a will, the route is probate or letters of administration instead. Our explainers cover the succession certificate, how to get a succession certificate and intestate succession under Hindu law.
06Common reasons it is held up
Most hold ups are fixable:
- Death certificate not registered, or name spelling that does not match other papers.
- An heir left off the list, which triggers an objection.
- Relationship proof missing for one of the heirs.
- A local objection from a relative who claims a share.
- Applying on the revenue side when a bank actually needs a court succession certificate.
Fix documentation issues and re-apply. If a relative objects or the asset is a bank balance or shares, move to the court route rather than fighting it at the counter.
07If the estate is disputed
Succession turns into litigation more often than families expect. Someone is left off the heir list, a will surfaces, a second family appears, or heirs cannot agree on how to divide the land. These are decided by the civil court through a partition suit, a probate or letters of administration case, or a succession certificate petition, and a mutation fight on the land record can run in parallel before the revenue authority.
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.
If the estate becomes a dispute, you can create a FREE Claw account and track that matter across the forum that hears it. Claw covers 9,102 courts, benches and forums in India, so whether the case is a succession petition in the district court, a probate matter or an appeal to the Calcutta High Court, there is a real tracking home for the orders and the next dates. Judgment search spans 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, and results return in under 5 seconds, which helps you and your lawyer see how similar succession and partition disputes were decided. Claw does not train its AI models on your documents. This is general information and not legal advice, and a contested estate needs a lawyer for the pleadings and the hearing.
To see whether anything is already filed over the estate, run a case search across Indian courts by party name. For the time limit on a succession or probate appeal, see the limitation period for filing an appeal.
08Sources and further reading
- Banglarbhumi (Warish / land records): banglarbhumi.gov.in
- West Bengal e-District: edistrict.wb.gov.in
- eCourts (case status): ecourts.gov.in
- Claw: clawlaw.in
This page is general information for readers in India, not legal advice. Procedures and fees can change, so confirm the current details on the official West Bengal portals or at the local office before you apply.
09Frequently asked questions
What is the difference between a legal heir certificate and a succession certificate in West Bengal?
A legal heir (Warish) certificate names the surviving heirs and is used for mutation, pension and service benefits; you apply on Banglarbhumi. A succession certificate is a district civil court order under the Indian Succession Act 1925 and is needed to collect bank balances, shares and debts of the deceased.
Which portal do I use for the legal heir certificate?
The Banglarbhumi portal at banglarbhumi.gov.in, under Citizen Services, through the Warish Application. Some districts and local bodies (BDO, Gram Panchayat, Municipality) also issue a heirship or family certificate at their counters.
What documents are needed?
The registered death certificate of the deceased, identity proof of the applicant and each heir, relationship proof, and a family or land record where relevant. List every legal heir, not just the applicant.
Do I need to go to court?
For a bank balance, shares or a debt owed to the deceased, yes, you usually need a court succession certificate. For mutation, pension or service benefits, the Warish certificate is normally enough.
An heir was left out or a relative objects. What now?
Fix the heir list and re-apply if it is a documentation gap. If a relative claims a share or a will surfaces, it is a disputed estate for the civil court. Claw can track the succession or partition case across the forum that hears it.