Legal Heir Certificate: Legal Heir Certificate is a certificate given to the legal heir of the person, in case of his/her death. As per the Indian constitution, if there is any demise in a family, then the person from the family can apply for the certificate as a legal heir. This certificate is required to transfer the assets of the deceased to the legal heir, as per approved by the deceased.
To set a relationship between deceased and his/her legal heir, proof or a certificate is required. This certificate is an important document, that works as a proof for a legal heir. Before the legal heir claims himself/herself as next of kin, he/she has to show the proof for it. It is mandatory as per the Indian government to show the certificate before claiming as a legal heir of deceased.
After the demise of a person, the legal heir has to first get the death certificate from the hospital authority or municipal corporation. Now to claim over the properties or pensions or schemes of deceased, it is necessary for successor to apply for a legal heir ceritificate. To draft and register this certificate, a lawyer will help with the complete procedures.
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Who are Legal Heirs?
Usually, a legar heir is the deceased family members or person in blood relation. The direct legal heirs can be:
- Husband/Wife
- Father
- Mother
- Son
- Daughter
Indirect legal heirs can be:
- Grandson
- Granddaughter
- Daughter in law, etc.
What is the use of Legal Heirs Certificate?
After the sudden death of a person, his family person has the right over his properties or any other assets mentioned in the name of the deceased. But to claim these assets, the legal heir has to show the respective certificate as a proof. The government officials will be issuing the certificate based on certain terms and conditions. All the successors who are eligible should posses this certificate. It can be used to claim many assests, such as:
- To transfer all the rights of deceased person’s properties
- To claim the insurance of deceased person
- To sanction and process family pension of demised employee
- To get the salary arrears of the government employee
- To get the provident fund (pf), gratuity from the company
- To get employment on the basis of compassionat appointments
How to Apply for Legal Heir Certificate?
The person who is declared as a legal heir and wants to claim the assets or properties of deceased person has to apply for a legal heir certificate from the nearby Tehsil office. Follow the steps to know the procedure of application:
- The candidate has to visit the nearby Tehsildar or Taluk office and get the application form
- Fill the complete details as instructed in the application form
- Make sure to enter all the accurate details in the form (if any discrepancies is found, then the application could get rejected)
- Attach the duly signed copy of necessary documents with the application form
- Candudate has to affix a 2rs. Stamp in the application form
- Submit the application form to the respective tehsildaar officer
- After submission of the form, the application is verified by the administrative Officer and Revenue Inspector.
- The legal heir certificate will be dispatched for your address within 30 days. In case if the certificate is not received, then candidate has to approach the sub-collector or Revenue Division Office to get it.
Details to be Mentioned in Application form
Details of letter from department:
- Letter No.
- Letter Date
- Issuing Department
- Designation of Issuing Authority
- Address
- Purpose
Applicant’s Details:
- Name of the applicants
- Relation with deceased
- Father’s/Husband’s Name
- Date of Birth
- Gender
- Aadhaar Number
- Mobile number
- E-mail id
- Address (Flat no., city name, district, state, pincode)
Details of the Deceased:
- Name
- Father’s/Husband’s Name
- Designation
- Aadhaar Number
- Gender
- Date of Death
- Religion
- Marital status
- Mother’s Life status
- Father’s Life status
- Husband’s/Wife’s Name
- Address
Details of Directly Related Legal Heir: (Mother, Father, Son, Wife, Husband)
- Name
- Relationship with Deceased
- Age
- Marital status
- Occupation
- Living Status (Dead/Alive)
Details of Indirectly Related Legal Heir (Grandson, Grand Daughter, Daughter-in-Law etc.)
- Name
- Relationship with Deceased
- Name of Deceased Direct Legal Heir
- Age
- Marital status
- Occupation
- Living Status (Dead/Alive)
Documents Required
- Court fee of 1.25 /-
- Self-undertaking/affidavit
- Passport Size photo
- Letter from the Govt. Department of deceased employee to obtain Legal Heir Certificate from DC office
- Identity Proof of Applicant
- Residence proofs of all Legal Heir
- Date of Birth proofs of all Legal Heir
- Death Certificate of deceased employee in original
- Death Certificate of deceased direct legal heir in original(if required)
- Residence Certificate of the deceased
For convenience of applicants, the list of address proof, identity proof, and date of birth proof has been given below.
| Address Proofs | Identity Proof | Date of birth proofs |
| Passport, Telephone or mobile bill, Voter ID, Ration card, Aadhar card, Rent agreement, Bank passbook, House allotment letter, Revenue record, Registered Sale Deed, Certified Voter List | Voter ID, Aadhaar card, Passport, Driving license, Pancard, Arm’s License with Photo Graph, Health card issued by central government, Ration card, etc. | Birth certificare issued by Municipal corporation, School leaving certificate / Secondary School leaving certificate, Passport, Pan card. |
Legal Heir Certificate Online
Applicants can apply for legal heir certificate online as well. They have to go to the official website of Indian government (https://www.india.gov.in/application-form-legal-heir-certificate) and click on the respective link given at the homepage. The application form will appear on the screen.
Download the application form and fill the required details. Attach the necessary documents and submit the form to the nearby Tehsildar office. After the verification procedure is done by the aruhtorised officers, the legal heir certificate will be issued to the applicant within 30 days.
Legal Heir Certificate Sample
A sample of legal heir certificate is given below for reference.
Legal Heir Certificate Having fully satisfied myself with the right and title of the claimants I recommended that the amount due to be paid to late Mr./Mrs. [Name of deceased] with respect to [__________] may be paid to the persons mentioned below who are the rightful heirs of the deceased employee. Name of Legal Heir: Relationship with Demised person |
FAQ’s on Legal Heir Certificate
Question 1.
What is legal heir certificate?
Answer:
Legal Heir Certificate is a certificate given to a family person, in case of of a person’s death. As per the Indian constitution, in case of unfortunate death in a family, the person from the family can apply for the certificate as a legal heir. This certificate is needed to transfer the assets/properties of the deceased to the legal heir, as per approved by the deceased.
Question 2.
How to get a legal heir certificate?
Answer:
The applicant has to visit the Tehsildar or the Taluk office. Get the application form and fill the details. Affix a Rs.2/- stamp in the form. Submit the form with the required documents. After the verification of application is done by the Revenue Inspector and Village Administrator Office, the legal heir certificate will be sent via post to the respective address.
Question 3.
What is the difference between a legal heir certificate and a succession certificate?
Answer:
A legal heir certificate is issued by Tehsildar or Taluk Office to the living heirs, within 30 days of application. With the help of this, the legal heir can claim for deceased person’s property/assests/pension/tax benefits.
A succession certificate is issued by Civil Court and High Court to the legal heir withing 7-8 month, to establish the title on the property. This certificate is used for property transfer matters to the rightful legal heirs.
Question 4.
How to get a legal heir certificate online?
Answer:
Applicants can find the online application form on the official website of the Indian government (https://www.india.gov.in/application-form-legal-heir-certificate). They can download the form and repeat the procedure as mentioned before.
Question 5.
What documents are required for a legal heir certificate?
Answer:
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