Steps to Obtain a Legal Heir Certificate

Family

Posted On : February 11, 2025

Steps to Obtain a Legal Heir Certificate

Written By : Vidhikarya

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Introduction

The legal heir certificate is an important document which identifies the relationship between the deceased and the applicant. In absence of a will this certificate is the only piece of document ensuring that no fraud is committed, and the asset is handed over to the rightful heirs.

All eligible successors of the deceased must have a legal heir certificate in order to claim right over the deceased’s property. It acts as conclusive evidence of claim over one’s property as the legal heir. They may apply for it once the death certificate is obtained from the municipality or corporation.

To apply for the legal heir certificate one must take legal advice for a smoother process.

Usage

Once a legal heir certificate is issued the heir may claim the assets and properties of the deceased. Generally, for any purchase or transfer of such property the transferee or the buyer may request for certificate of legal heir to verify ownership over the property.

The legal heir certificate is necessary for the following

It acts as evidence of right therefore mitigating disputes.
For transferring properties and assets of the demised person to himself.
For accessing the bank accounts of the demised
It is necessary for claiming insurance.
For sanctioning and processing the family pension of the deceased employee.
To receive dues from the government such as provident fund, gratuity, etc.
To receive salary arrears of the deceased state or Central government employee.
To gain employment based on compassionate appointments.

Who can apply?

A legal heir is a person eligible to receive the assets and properties of the deceased. The following persons may apply for the certificate of legal heir:

Immediate family members

The spouse of the Deceased
Children of the Deceased, and
Parents of Deceased

In absence of the above-mentioned family members the siblings or the grandchildren of the deceased may apply for the certificate.

Under Hindu Succession Act, Class II heirs may also apply for legal heirs.

Grandchildren of the deceased
Great-grandchildren of the deceased
Siblings of the deceased
Other relatives of the deceased

Authorized Agents of the legal heir through power of attorney.

Procedure

Gather Necessary Documents

Before applying one must have all necessary documents in check.

Original and copy of death certificate.
Identity proof of the applicant
Documents to prove relationship between the applicant and deceased (such as birth or marriage certificate)
Address proof of the applicant and the deceased
Self-undertaking Affidavit

A good family lawyer can help you know your rights and obligations. It is advisable to take professional advice before you apply for the legal heir certificate.

Visit Relevant Authority

The applicant may visit the local Tahsildar, Revenue Court or the District Civil Court based on the state’s regulation and request for an application for the certificate of legal heir.

Submit Application + Affidavit

Submission of duly signed application with a self-undertaking affidavit on ₹20 non-judicial stamp paper.

Verification Process

The verification process includes cross-checking of documents and issuing of notice to family members for consent and local inquiries may also be conducted.

Issuance of Certificate

The certificate is granted after a successful verification. The document is usually delivered between 15-30 days, depending on the state.

Online Download of Certificate

After issuance of the certificate, for some states, a copy can be downloaded from the online portal of the respective state. To access the legal heir certificate, follow these steps:

Visit the official portal of the revenue or e-district department of the state.
Enter your login information or register if you are a new user.
Navigate to the “Certificate Services” section.
Search for the issued certificate by entering the application number.
Download and print the certificate.

Contents of Legal Heir Certificate

Name and Address of the deceased
Date of death of deceased
Details of legal heir such as name, relationship, etc.
Signature of the Issuing Authority
Date of Certificate

Common Challenges for obtaining Legal Heir Certificate

Incomplete Documents: Filing incomplete or missing documentation can delay admission.

Family Disputes: Disagreement regarding legal heirship can complicate proceeding.

Verification Delays: The verification can delay proceeding due to administrative backlog.

To overcome the above-mentioned challenges, open conversation among family members can prevent disputes. The documents needed must be thoroughly checked ensuring that they are accurate and complete to prevent unnecessary delays.

Legal Heir Certificate through Online Portal

The legal heir certificate can be applied for through online portal of the respective state by filling out a form and attaching the required documents. Once the fee is paid and verification done the certificate can be downloaded.

Critical Analysis

While obtaining a legal heir certificate is essential for claiming a deceased person’s assets, it primarily identifies the rightful heirs and is used for transferring property, claiming pensions, and accessing bank accounts.

However, it does not grant ownership of debts, securities, or other financial assets. A succession certificate, issued by a civil court, is legally binding and specifically authorizes the heirs to collect debts, securities, and other movable assets of the deceased. It also remains crucial for financial matters, particularly in cases involving disputes or when banks and financial institutions require legal validation before releasing assets. Therefore, one may still need a succession certificate after obtaining a legal heir certificate to deal with financial assets.

Conclusion

A legal heir certificate is a crucial document for establishing the rightful heirs of a deceased person in the absence of a will. It not only serves as proof of inheritance but also ensures smooth transfer of assets, properties, and financial entitlements.

By following the prescribed application procedure and ensuring all required documents are in order, applicants can expedite the process and avoid unnecessary delays. Additionally, the availability of online application portals in some states has further simplified access to this essential document. A well-prepared and legally sound approach can help legal heirs secure their rightful claims efficiently and without much complications.

FAQs

Can a copy of the legal heir certificate be obtained if the original is lost?

Yes, you can get a copy of the legal heir certificate if the original is lost.

How long does it take to get the legal heir certificate?

It may take up to 30 days (about 4 and a half weeks) to get the legal heir certificate.

Will a married daughter be considered a legal heir?

Yes, a married daughter can be considered a legal heir.

Can a second wife be considered a legal heir?

Yes, a second wife can be considered a legal heir

If legal heir certificate is lost. How do I obtain a copy?

Proceed to the certifying authority, provide them with the deceased’s data and the legal heir certificate's issuance date, and they will issue a replica. There will be a minimum charge.

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