Succession Certificate vs. Legal Heir Certificate
Where the deceased left movable assets in India (bank accounts, securities) without a will, the legal
heirs typically need a Succession Certificate from an Indian civil court under the Indian Succession
Act, 1925. A Legal Heir Certificate, issued by local revenue authorities, is a lighter-weight document
sometimes accepted for simpler matters like pension transfers, but is not a substitute for a Succession
Certificate where banks or courts specifically require one. This process is identical for an NRI heir in
South Africa as it is for an heir anywhere else -- only the logistics of appearing (or acting through a
POA) differ by country.
When probate is required
Where the deceased left a valid will, the executor generally needs probate from an Indian court before
administering the estate, particularly for immovable property in certain states. An NRI executor in
South Africa can typically appoint a Power of Attorney holder in India to handle the probate application
and subsequent administration, following either the DIRCO apostille route or the Indian High
Commission/Consulate attestation route described in this platform's Property section.
A point of contrast: India's succession rules vs. South Africa's own freedom of testation
South Africa's own law, under the Wills Act 7 of 1953, gives a testator full freedom of testation --
there is no forced heirship or reserved share guaranteed to a spouse or children, only a discretionary
maintenance claim against the estate if a dependant cannot otherwise support themselves. Where South
Africa's Intestate Succession Act 81 of 1987 applies (no valid will), a surviving spouse and descendants
share the estate under a statutory formula. Neither of these South African rules governs property located
in India: India's own intestate succession rules (under the Hindu Succession Act, 1956, or the Indian
Succession Act, 1925, depending on the deceased's religion) apply instead, and follow different,
religion-specific formulas -- always confirm the applicable Indian statute for the specific family's
religion and facts rather than assuming South African rules apply to Indian assets.
