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.

Key Takeaways:

• Only the legal heirs (spouse, children or parents) can apply for a legal heir certificate.
• The legal heir certificate format varies from state to state.
• 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. The legal heirs of a deceased person are spouse, children and parents. A legal heir certificate identifies the rightful successor of a deceased person's property in the absence of a will.

The legal heir certificate contains the details related to a deceased person, such as deceased perosn's name, address and date of birth. It also 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. 

Download Legal Heir Certificate Format

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

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/ Thasildhar 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.

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 autorised 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. 

When the legal heirs must get the certificate from the court, they must submit a petition for legal heir certificate to the court along with the required documents and pay the court fees for the petition. The court will check the petition, verify documents and pass an order confirming the legal heirs of the deceased person, when there are no objections to the petition.

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/ Thasildhar 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

• A succession certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. A legal heir certificate is provided to transfer property, i.e., movable and immovable assets.
• 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.

A legal heir certificate is essential for the legal heirs of a deceased person in India. The legal heirs must apply and obtain the legal heir certificate to transfer the ownership of assets of the deceased person to themselves when there is no will. It also helps them to claim their right over the deceased person’s properties and dues since it proves the relationship between the deceased person and his/her legal heirs.

Related Articles

1. Succession Certificate
2. What is a Will?
3. Probate of a Will
4. All you need to know about the Last Will and Testament
5. How to File Income Tax Return for the Deceased by Legal Heir?