Legal Heir Certificate : Everything you need to know about legal heir certificate

Losing a loved one is a profoundly sorrowful experience. During such a challenging period, grappling with intricate financial and legal affairs can be incredibly stressful. One common issue faced by many individuals is the absence of nominations in their accounts, compounded by the lack of a will left behind by the deceased. In the absence of a will, claiming one’s rightful inheritance becomes exceedingly difficult for the rightful successors.

At this point of time Legal Heir Certificate is an essential document to produce in many places for deceased claim settlement.

Legal heir certificate is proof of relationship between the deceased and family member.(rightful successor).

In this article we will explain the process of obtaining a legal heir certificate.

Documents required for legal heir certification and the application procedure

Complete Guide to Obtaining a Legal Heir Certificate in India

Understanding the Legal Heir Certificate | What is a Legal Heir certificate ?

A legal heir certificate is an important document. It establishes the relationship between a deceased person and their legal heirs.

It is a mandatory document for transferring the ownership of assets, such as property, bank accounts, and investments, to the rightful successors.

This certificate can be obtained after acquiring the death certificate.

Importance and Uses of a Legal Heir Certificate :

A legal heir certificate has a variety of uses and is significant in a number of circumstances.

Some common uses of Legal Heir Certificate :

1. Transfer of asset and property : This certificate enables the legal heirs to transfer the property and assets of the deceased.
2. Insurance claims
3. Required for Family pension and also required to receive due of Gratuity and PF of the deceased.
4. This document makes it easier to receive a deceased state or central government employee’s unpaid salary arrears. Through empathetic appointments, it also helps to get compassionate employment in the place of the deceased.
5. Property Transactions : During purchasing or registering any property buyer can ask the legal heir certificate to confirm the ownership and to avoid any future disputes.
6. Changing name in Electricity, Water and LPG connections post demise of the connection holder.

Eligibility for Applying for a Legal Heir Certificate | Who can apply for a Legal Heir Certificate?

Under Indian Law following individuals are considered as legal heir and they can apply for a Legal Heir Certificate.

1. Spouse of the deceased
2. Children of deceased (both married and unmarried)
3. Parents of the deceased
4. Siblings of the deceased

What documents are required to get a Legal Heir Certificate ?

• Signed application form
• Identity and address proof of the applicant
• Death certificate of the deceased
• Date of birth proof of all legal heirs
• Self-undertaking affidavit
• Address proof of the deceased

Procedure for Obtaining a Legal Heir Certificate | How to obtain a Legal Heir Certificate ?

1. Obtain the application form : One can approach the District Court/ The Office of district magistrate or Area Taluk/ Tahsildar office.
2. Fill the application form : It is very important to provide correct and accurate details in the application form, Including the names of all legal heirs, Their relationship with deceased and their addresses.
3. Attach all the mandatory documents with the application form.
4. Affix the 2 Rs. stamp in the application form
5. Submit the application to the authorised officer in tehsildar office/ District magistrate/ District Court.
6. Application will be verified by the Village administrative officer and revenue inspector.
7. Post positive inspection and verification, a legal heir certificate will be issued. Usually it will take 30 days to complete the verification and other necessary processes.Then Legal heir certificate will get issued by the department.

How to obtain Legal Heir Certificate online :

Process to apply for a Legal Heir Certificate is available with a few states and districts only.

For example : Delhi, Jammu Kashmir, Odisha, & Tamilnadu are among few states where Legal Heir certificate application is available online.

For more details you can search this facility on your state government website also you can take help of Government authorised vendors Like CSC centres available in your area.

What is the difference between a Succession Certificate and a Legal Heir Certificate ?

• A succession certificate is required for inheriting immovable or movable property on the other hand Legal Heir certificate is used to establish the relationship of the legal heirs with the deceased.

• Succession certificate is issued by court, Legal Heir certificate is issued by the tehsildar or district authorities.

• The succession certificate is needed for the transfer of property and other legal matters.
• The legal heir certificate enables the transfer of movable and immovable assets.

• a person with a succession certificate can sell the property after obtaining consent from all the legal heirs. But a legal heir certificate does not grant the right to sell the deceased person’s property

Particulars	Succession Certificate	Legal Heir Certificate
Applicable	To gain the legal authority to take control of a deceased person’s debts and assets when there is no will available.	To formally establish your right as a rightful heir and to file a claim of the deceased assets
Contents	The applicant’s connection to the deceased and details of the specific debts and assets they are seeking ownership of.	A list of the deceased person’s all legal heirs
Function	This certificate confirms the holder’s entitlement to receive the deceased’s debts and assets, while also safeguarding the individuals responsible for debt repayment.	The legal heir certificate identifies and verifies the living heirs of a deceased person.
Effect	The holder of the Succession certificate may not always be the primary beneficiary of the assets.	The possessor may inherit the assets.

Faq – legal heir certificate