Legal Heir Certificate

A legal heir certificate is an important document upon the death of a family member. It establishes the relationship between the deceased person and his/her legal heirs. Legal heirs of a deceased person are spouse, children and parents. 

The legal heirs must apply and obtain the legal heir certificate to transfer the ownership of assets of the deceased person to themselves. A legal heir certificate can be obtained after the death certificate is obtained from the municipality/ corporation to claim their right over the deceased person’s properties and dues. 

Legal Heir Certificate – Sample Format

Note: The sample of legal heir certificate may vary from state to state.

Legal Heir Certificate Contents

The legal heir certificate contains the following information: 

• Name and address of the deceased person
• Date of the death of the deceased person
• Legal heir details of the deceased person, such as name, address and relationship with the deceased person
• Issuing authority details and signature
• Date of the certificate

Uses of a Legal Heir Certificate

A legal heir certificate identifies the rightful successor of a deceased person's property in the absence of a will. The legal heirs identified in the certificate can claim the assets/ properties of the deceased person. All eligible successors must possess this certificate to lay a claim over the deceased person’s property.

A legal heir certificate is required for the following purpose:

• For transferring properties and assets of the demised person to his successors.
• For claiming insurance.
• For sanctioning and processing the family pension of the deceased employee.
• To receive dues such as provident fund, gratuity, etc. from the government
• To receive salary arrears of the deceased, state or Central government employee.
• To gain employment based on compassionate appointments. 

Generally, for any property purchase or registration, the buyer should request a legal heir certificate to ascertain the ownership of the property when there is no will of the deceased person. There can be instances where there are several legal heirs for an ancestral property. In such cases, it is required that all legal heirs sign the deed of conveyance, giving their approval to avoid any litigations.

Who Can Apply For a Legal Heir Certificate

The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:

• Spouse of the deceased.
• Children of the deceased (son/ daughter).
• Parents of the deceased.

Procedure to Obtain a Legal Heir Certificate

A legal heir certificate can be obtained by approaching the area/ taluk Thasildhar or from the corporation/ municipality office of the respective area and the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry. The process of obtaining a legal heir certificate is stated below:

• The legitimate heir of the deceased person must approach the district court in the respective area and ask for the legal heir certificate application. The applicant must fill out the application and submit the signed application to the concerned authority. This application contains the names of all the legal heirs, their relationship with the deceased, and the family members’ addresses.
• All the required documents, including the departed person’s death certificate, should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
• An affidavit on stamp paper or self-declaration must be submitted along with the application and the fees must be paid at the office.
• The revenue inspector/administrative officer conducts an inspection and completes the enquiry.
• Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate.

Legal heirs can also apply for a legal heir certificate online. However, only certain states provide the online service to apply for legal heir certificate online. To apply for a legal heir certificate online, the legitimate heir of the deceased person must visit the respective state's e-portal/ e-seva portal, fill out and submit the legal heir certificate application or surviving member certificate, upload the required documents, pay the fees, and submit it.

The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should approach the Revenue Division Officer (RDO)/sub-collector.

Documents Required For Obtaining a Legal Heir Certificate

To obtain a legal heir certificate, the following is the list of documents required:

• Signed application form.
• Identity/address proof of the applicant.
• Death certificate of the deceased.
• Date of birth proof of all legal heirs.
• A self-undertaking affidavit.
• Address proof of the deceased.

Note:

• Identity proof of applicant can be voter’s ID, Aadhaar Card, driving license, passport or any other government-issued identity card.
• Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the legal heir.
• Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, PAN card, passport, etc.

Difference Between a Legal Heir Certificate and Succession Certificate

If the deceased person is a government servant, then the legal heir certificate is issued for approval of family pension or to get appointments on concerned grounds. A legal heir certificate is also provided to transfer property- movable and immovable assets.

• A succession certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.
• Tahsildar of the district issues legal heir certificates to identify a particular deceased person living heirs, and the court issues succession certificates to the legal heirs of a deceased person.
• For the succession certificate, 3% of the total value of the property will be charged. To issue a legal heir certificate, Rs.2 for a stamp and Rs.20 for stamp paper for the affidavit will be required.
• Legal heir certificate and succession certificate are entirely different. If the head or a family member passes away, the next direct legal heir of the deceased such as wife/husband/son/daughter/mother can apply for the Succession Certificate. This certificate can transfer electricity connection, telephone connection/patta transfer, house tax, bank account, filing of IT returns, etc.

How to Add a Legal Heir to File ITR?

On behalf of the deceased proprietor, their legal heir/s must file an ITR and pay the computed income tax. The following are the steps to take:

• Go to the income tax e-filing website.
• Log in with your account information if you are a registered user. If not, choose the ‘Register Yourself’ option to establish a new account. Complete the registration procedure by providing all required information.
• After successfully logging in and registering as a representative, go to’ My Account’.
• Under the request type option, select a new request from the drop-down box.
• Select register yourself from the drop-down box in the add/register as a representative section on behalf of another individual.
• Select the deceased’s estate from the drop-down box in the category to register section.
• You will be routed to an external page if you select the proceed option.
• Provide all relevant information, such as the deceased’s PAN, the name of the estate, and the deceased’s date of incorporation.
• Make a zip file with documents such as a self-attested copy of the legal heir’s PAN card, the deceased person’s PAN card, a copy of the death certificate, the legal heir certificate, or an affidavit in the presence of a Notary Public.
• After uploading your papers, click the submit button to send your request to the e-Filing Administrator.

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