The Heirship Certificate relates to property that forms part of the estate of a Deceased. These properties may be movable or immovable. They may be debts or securities or other properties. Section 2 of the act, provides that the certificate may be issued for claiming against “persons in possession of or indebted to the estate”.

An Heirship Certificate can be asked where the applicant claims possession of property, movable or immovable.

Examples:

1. D has died, leaving behind his wife and a son. He had let out his house on rent to T, who now wishes to leave the house and handover the possession. T is willing to handover possession of the house to D’s son if he is assured that D’s wife will not claim or object. If D’s son obtains an heirship certificate, T can handover the house to him. T will no longer be liable or answerable to other heir for his act of handing over possession to D’s son.
2. D has kept valuables in safe custody with a bank. D died leaving behind his mother and father. The bank will not give valuables to D’s mother without order of the court. D’s mother applies for and obtains an heirship certificate. The bank can handover the valuables to her.

Heirship Certificate has been granted for the purpose of submitting to a builder so that he can hand over possession of an ownership flat in a new building.