Maximize tax savings
up to ₹46,800 easily
• Invest in direct ELSS funds
• 0% commission
Thank you for your response
Thank you for your response
Our representative will get in touch with you shortly.
Get you Tax query Solved
Pick from the basket of various allied services:
Get Expert Assistance
In case of the sudden demise of a family member, a legal heir certificate must be obtained to transfer the deceased’s assets to their legal heir/s. A legal heir certificate is an important document to establish the relationship between the deceased and their legal heir/s. Once the death certificate is obtained from the municipality/corporation, the successors can apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. Usually, lawyers help draft and register a legal heir certificate.
A legal heir certificate identifies the rightful successor, who then 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:
Generally, for any property purchase or registration, the buyer should request a legal heir certificate to ascertain the ownership of the property. 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.
The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:
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 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.
To obtain a legal heir certificate, the following is the list of documents required:
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.
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:
Can I apply for a legal heir certificate online?
Yes. You can apply for a legal heir certificate online. You can fill out the form for obtaining a legal heir certificate on the e-portal of your respective district and attach the required documents. You must pay the fees online while submitting the form. The certificate can be downloaded from the e-portal when it is ready.
How many days are required to get a legal heir certificate?
It may take around 15 days to 30 days to get a legal heir certificate.
Is a married daughter a legal heir?
Yes. Married and unmarried daughters are also legal heirs and have the same rights as that of the son since 2005 after the amendment of the Hindu Succession Act. Thus, married daughters are legal heirs of the deceased person.
Who is a legal heir when the deceased person does not have children, a spouse or parents?
The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the deceased’s grandchildren will be the legal heirs. If there are no grandchildren, then the brothers and sisters of the deceased person will be the legal heirs who can obtain the legal heir certificate.
Who can apply for a death certificate?
A death can be disclosed and recorded by the head of the household if it occurs in residence; by the medical in-charge if it occurs in a hospital; by the jail in-charge if it occurs in jail; and by the village headman or the in-charge of the local police station if the body is discovered deserted in that area.
I lost my legal heir certificate. How can I get a copy?
Make sure you have a death certificate. Go to the authority that issued the certificate, give them details of the deceased, the date of issuing the legal heir certificate, and they will provide a duplicate certificate. A minimum fee will be applicable.
Is a second wife a legal heir?
Yes. If the second wife is legally married under the Hindu Marriage Act, 1955, she is considered the deceased’s wife and legal heir. The second wife is legally married when the first marriage is dissolved through an order of divorce, or the first wife is dead. However, the children from the first wife will also be considered legal heirs of the deceased, along with the children of the second wife.
Are illegitimate children legal heirs?
Yes. Illegitimate children are the children born to a man and a woman who are not married or born out of wedlock. However, illegitimate children are entitled to all the deceased parent’s property rights and thus are legal heirs of the deceased person.
Can a person having the legal heir certificate sell the deceased person’s property?
No. The legal heir certificate only entitles the holder of the certificate the right to claim insurance, receive dues such as provident fund, gratuity, etc. and arrears from the government. A person having the succession certificate can sell the property of the deceased. However, the person having the legal heir certificate can sell the deceased person’s property after taking the written consent and NOC (No Objection Certificate) from all the other legal heirs of the deceased.
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.