Legal Heir Certificate
In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs. A legal heir certificate is a very important document to establish the relationship between the deceased and legal heirs. Once the death certificate is obtained from the municipality/corporation, it is required that the successors 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.
Legal Heir Certificate – Sample format
A legal heir certificate is different from a succession certificate, a succession certificate is generally issued by the civil court and there are separate procedures to obtain the same. Major differences between these two certificates are listed below:
- Legal heir certificate usage is limited to certain matters such as claiming employee benefits of the deceased, insurance claims, property registration etc.
- A legal heir certificate is not conclusive proof under the law of succession India.
- With respect to the settlement of any property which is disputed or under court litigation, a succession certificate is vital.
The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:
- Spouse of the deceased
- Children of the deceased (Son/ Daughter)
- Parents of the deceased
- Sibling of the deceased
Uses of Legal Heir Certificate
As stated above, 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.
Legal heir certificate is required for the following purpose:
- For transferring properties and assets of the demised person to his successors.
- For claiming insurance.
- For sanctioning and processing family pension of the deceased employee.
- To receive dues such as provident fund, gratuity etc from the Government
- To receive salary arrears of the deceased, state or central Government employee.
- To gain employment based on compassionate appointments.
Generally, for any property purchase or registration, the buyer should request for 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 and in such cases, it is required that all legal heirs sign on the deed of conveyance giving their approval to avoid any litigations.
Procedure to Obtain Legal Heir Certificate
Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs’ of the deceased person and is issued only after a proper enquiry. Listed below are the steps involved in the process of obtaining a legal heir certificate:
- The legitimate heir of the deceased person must approach the appropriate authority in the respective area with a signed application. This application should contain the names of all the legal heirs, their relationship with the deceased and addresses of the family members. The death certificate of the departed person should also be attached. (Death certificate must be obtained from the municipality/corporation office)
- An affidavit on stamp paper has to be submitted.
- Revenue Inspector/administrative officer conducts an inspection and completes the enquiry.
- Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate
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 then approach the Revenue Division Officer(RDO)/sub-collector.
In order to obtain a legal heir certificate, following is the list of documents required:
- 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
- Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the legal heir
- Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, PAN card, passport etc.