The legal heir certificate is obtained by the legal heir of a deceased on his death. Usually, when the head of the family or any other family members dies then his next legal heir can apply for the legal heir certificate. Once the death certificate of the deceased is obtained from the municipality or the corporation, the successors of the deceased can apply for this legal heir certificate online.
Legal heir certificate is required to claim the right over the dead person’s assets like properties, land, and money in the bank account, shares and other dues. Usually, lawyers are engaged in drafting and registration of a legal heir certificate.
Legal Heir Certificate- Why it is Required?
The Legal Heir Certificate is required to claim the property or money deposits of the deceased after his death. But generally speaking, the certificate is required for the beneficiaries of a serving or retired employee, who died while in service or thereafter. If such retired person dies, then the family pension advantages go to legitimate heirs. Generally, legal heirs are paid any levy to a deceased from government or nearby bodies which have not to be taken by the deceased. Such advantages to legitimate heirs also include pension, provident fund, gratitude etc.
Contents of the Legal Heir Certificate
The Legal Heir Certificate usually consists of the following contents as are mentioned below-
- The name of the person claiming to be the legal heir
- Age of such person
- Relation or association of such person to the deceased
- Marital status of all the family members surviving
For obtaining a legal heir certificate it is very essential for an heir to obtain the death certificate of the deceased. Such a death certificate is issued by the Major Panchayat/ corporation/ municipality/ RO where the death has occurred.
Purpose of Succession Certificate
The legal heir certificate/succession certificate is a very important document with multiple purposes. Some of the main purposes for which the legal heir certificate is used are listed below-
- For the purpose of transfer of the property or the assets of the deceased person to his successor.
- For Insurance Claims
- To settle the family pension of the deceased employee to the lawful heir or recipients.
- For the purpose of receiving dues from the government such as provident fund, gratuity, pension, etc.
- In order to receive a salary that is arrears of the deceased who may be a state or central Government employee.
- In order to gain employment on the grounds of compassionate appointments.
Usually, in case anyone intends to buy a property or seek registration then the buyer should ask for the legal heir certificate to ascertain the ownership of the property. There may be such instances, where there is more than one legal heir of a particular ancestral property and in such cases, it is highly recommended that all the legal heirs to such property agree and sign the deed to conveyance giving their consent so that no legal difficulties are faced in the near future.
The documents that are necessary to obtain a legal heir certificate are mentioned below-
- The application form of the legal heir certificate which should be duly signed and attested.
- The Identity proof and the address proof of the applicant
- The death certificate of the deceased person
- The date of Birth and its proof of all legal heirs
- A self-undertaking affidavit that has been duly signed by the person
- The address proof of the deceased
- The Aadhar card, driving license, passbook, passport, or any photo- identity card that has been issued by the Government or any other government-issued identity card.
- A valid identity proof or the mobile or the telephone bill, water bill, gas bill, bank passbook, etc can serve as the valid address proof of legal heir.
- All the documents should be real. Fake presentation of the documents in order to obtain financial benefits may lead to criminal prosecution.
How to Apply ?
The Legal Heir certificate can be easily obtained through the area/taluk Thasildhar, or the officer in charge of the corporation/municipality of the respective area, or even from the district civil court. Some states accept online application for legal heir certificates. The legal heir certificate consists of the names of all legal heirs’ of the deceased person. The certificate is issued by a proper inquiry by the officer in charge. The steps involved in order to apply for a legal heir certificate are as follows:
- The legitimate heir of the deceased person should reach out to the appropriate authority that is present in his area with an application form which is duly signed.
- The application form should consist of the names of all the legal heirs of the deceased, their respective address and their relationship with the deceased person.
- The death certificate of the deceased person should also be duly attached along with the application form.
- A stamp paper consisting of an affidavit has to be submitted.
- Thereafter the Revenue Inspector or the administrative officer will conduct an inspection in the matter and complete the inquiry.
- Once the inquiry is completed successfully, the officer in charge has to issue the Legal heir certificate.
This process of obtaining a legal heir certificate generally requires a time period of almost 30 days. In case there is any unnecessary delay in obtaining the legal heir certificate from the concerned authority and the authority fails to respond then the person can approach the sub-collector or the revenue division officer (RDO).
Documents to be Attached with the Application Form
- The death certificate original
- Service certificate of the employee issued by the head of the department/office in case of a government official.
- Ration card
- Aadhar card
- Pensioner payment slip which has been issued by the office of accountant general
- Family members names and their relationship with the deceased
- The signature of the Applicant
- The date of application
- The Residential address of the applicant and his family members
- An affidavit of Rs 20 on a stamp paper
Difference between the Succession Certificate and Legal Heir Certificate
Although the succession certificate and legal heir certificate may amount to same understanding and may seem the same to you in reality, both of these documents are very different from each other. It is very important to know the difference between the two; therefore, the difference between the succession certificate and legal heir certificate is listed below-
- Legal heir certificate– a legal heir certificate can be applied by the son, daughter, wife, husband, etc.
- Succession certificate– only the legal heir can apply for this. No other person other than the legal heir of the deceased can apply for the succession certificate.
- Legal heir certificate- for an affidavit a number of Rs. 20 and Rs. 2 for the stamp is required.
Succession certificate- a charge of three percent of the amount of the property is taken.
Issuance of Legal Heir Certificate-
- Legal heir certificate– the legal heir certificate is issued by the Tahsildar or the district
- Succession certificate– this certificate is issued by the court to the legal heirs of the deceased.
- Legal heir certificate- to claim the gratuity, provident fund, insurance claims, retirement claims, pension, etc
- Succession certificate- for obtaining the possession or transfer of the property of the deceased
Legal Heir Certificate Online in India
You can apply for a legal heir certificate online in India. However, the procedures vary from state to state, and it’s a good idea to visit the website of the particular state for more details regarding the formalities to apply for a legal heir certificate online. The links of the state’s official websites are given below. You can view and download the copy of legal heir certificate online from your state’s websites provided below. For further about the legal heir ship certificate from court, legal heirship certificate in malayalam, Telugu, Hindi, Tamil, Kannada, succession certificate or other details you may contact us.
Legal Heir Certificate Online -State wise List
|Legal Heir Certificate Delhi/ Surviving Member Certificate online||Apply Online|
|Legal Heir Certificate Tamil Nadu||Apply Online|
|Legal Heir Certificate Chennai||Apply Online|
|Legal Heir Certificate Online Bangalore||Apply Online|
|Legal Heir Certificate Jharkhand Online||Apply Online|
|Legal Heir Certificate Kerala||Apply Online|
|Legal Heir Certificate Online Telangana||Apply Online|
Legal Heir Certificate Application Form – Download
You can download the Legal Heir certificate application from the below link.