Legal Heir Certificate
A legal heir certificate is an official document identifying the rightful legal heirs of a deceased person. It is an essential document for transferring property, claiming insurance or receiving family pension benefits. Applicants can download the legal heir certificate and track the legal heir certificate status through their respective state portals.
Key Highlights
- Only the legal heirs (spouse, children or parents) can apply for a legal heir certificate.
- Issued by the Tehsildar, Revenue Officer, or Sub-Divisional Magistrate of the respective state.
- The legal heir certificate format varies from state to state.
- Required for property transfer, pension claims, and insurance settlements.
- Legal heirs can apply for the legal heir certificate online or offline.
What is 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. A legal heir certificate identifies the rightful successor of a deceased person's property in the absence of a will.
- The legal heirs of a deceased person are spouse, children and parents.
- It contains the details related to a deceased person, such as deceased person's name, address and date of birth.
- It states his/her legal heir details, such as legal heir's name, address and relationship with the deceased person.
- The issuing authority details, signature and date of the certificate are also present on the legal heir certificate.
The certificate is generally issued by the Village Tehsildar. In some states and union territories, it may also be issued by the District Magistrate, Deputy Commissioner, Collector, Sub-Divisional Magistrate, or other designated district authorities.
Download Legal Heir Certificate Format
Who Can Apply For a Legal Heir Certificate?
The following persons are considered legal heirs and can apply for a legal heir certificate under the Indian Law:
- Spouse of the deceased.
- Children of the deceased (son/ daughter).
- Parents of the deceased.
How to Apply for Legal Heir Certificate?
The legal heirs can apply for a legal heir certificate online or offline only after obtaining the death certificate from the municipality/ corporation.
Online Application for Legal Heir Certificate
Only certain states provide the online service to apply for legal heir certificate online. You can apply for a legal heir certificate online by following the steps below:
Step 1: Visit the respective state's e-portal/ e-seva portal
Step 2: Click on ‘Legal Heir Certificate’ or ‘Apply for Legal Heir Certificate’ option under ‘e-Services’.
Step 3: Fill out the required details on the legal heir certificate application or surviving member certificate.
Step 4: Upload the required documents, pay the fees, and submit it.
Offline Application for Legal Heir Certificate
The steps for obtaining a legal heir certificate offline is stated below:
Step 1: Visit the area Taluk/Tehsildar office or Corporation/ Municipality office.
Step 2: Fill out the application for legal heir certificate and submit the signed application to the concerned authority.
Step 3: Attach all the required documents with the application.
Step 4: Submit an affidavit on stamp paper or self-declaration along with the application and pay the required fees at the office.
Verification and Issue of Legal Heir Certificate
Once the application for a legal heir certificate is submitted either online or offline, the revenue inspector/ administrative officer will conduct an inspection and complete the enquiry. The authorised officer will issue the legal heir certificate after the enquiry usually within 30 days of its application.
In some cases, you must approach a district civil court and file a petition to apply for a legal heir certificate. For example, in Karnataka, if the deceased was not a government servant, legal heirs must visit the district civil court and file a petition to obtain legal heir certificate.
The legal heirs need to submit the petition, attach all required documents, and pay the prescribed court fee. After verifying the petition and documents, the court passes an order confirming the legal heirs of the deceased person, provided there are no objections raised.
Documents Required for 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 legal heirs.
- 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 legal heirs can be voter’s ID, Aadhaar Card, driving license, passport or any other government-issued identity card.
- Address proof of legal heirs 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 heirs can be a birth certificate, school transfer/leaving certificate, PAN card, passport, etc.
How to Check Legal Heir Certificate Status?
If you have applied for the legal heir certificate online, you can check the status by following the below process:
- Visit the respective state's e-portal/ e-seva portal where you have applied for legal heir certificate.
- Select ‘Track Application/Status’ option.
- Enter the application reference or acknowledgement number.
- The status of the legal heir certificate will be displayed on the screen.
If you have applied for the legal heir certificate offline, you can check the legal heir certificate status by visiting the area Taluk/Tehsildar office or Corporation/ Municipality office where you have applied for a legal heir certificate.
Uses of a Legal Heir Certificate
- For transferring properties and assets of the demised person to his successors.
- To claim the assets/ properties of the deceased person.
- 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 when the deceased person is a government employee.
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.
Difference Between a Legal Heir Certificate and Succession Certificate
While both legal heir certificate and succession certificate help legal heirs claim rights after a person’s death, they serve different purposes and are issued by different authorities.
| Aspect | Legal Heir Certificate | Succession Certificate |
| Purpose | Used to establish the relationship between the deceased person and their legal heirs for transferring property, claiming pension, insurance, or other benefits. | Used to claim ownership of debts, securities, or movable/immovable property under the Indian Succession Act, 1925. |
| Issuing Authority | Issued by the Tehsildar, Revenue Officer, or Municipal Authority. | Issued by a Civil Court after legal proceedings. |
| Scope of Use | Property transfer, family pension, insurance, salary arrears, or compassionate appointment. | Inheritance of assets like bank deposits, shares, or property ownership. |
| Eligibility | Spouse, children, or parents of the deceased can apply. | Any legal heir or successor with a valid claim to the deceased’s estate can apply. |
| Application Process | Can be applied online or offline through state e-district portals or local Tehsildar offices. | Requires filing a petition in a district civil court along with documents and court fees. |
| Processing Fee | Nominal fee (around Rs. 2 for stamp + Rs. 20 for affidavit on stamp paper). | Court charges approximately 3% of the total value of the inherited assets. |
| Time Taken | Usually issued within 30 days after verification by revenue authorities. | May take several months depending on court proceedings. |
| Legal Value | Used mainly for administrative and property transfer purposes. | Legally establishes ownership of movable or immovable assets and is recognized by financial institutions. |
A legal heir certificate is an essential document that establishes rightful ownership and succession after a person’s death. It ensures a smooth transfer of assets, government benefits, and family entitlements to the next of kin.
Related Articles
Frequently Asked Questions
About the Author
Mayashree Acharya
I am an advocate by profession and have a keen interest in writing. I write articles in various categories, from legal, business, personal finance, and investments to government schemes. I put words in a simplified manner and write easy-to-understand articles. Read more
Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.
Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.
CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.
Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.
Office Address - Defmacro Software Private Limited, C 245A, Ground floor, Room No 1, Vikas Puri, West Delhi, New Delhi, Delhi 110018, India
Cleartax is a product by Defmacro Software Pvt. Ltd.
ISO 27001
Data Center
SSL Certified Site
128-bit encryption