Legal Heir Certificate

A legal heir certificate is necessary to establish the relationship between a deceased person and his successor. To obtain your legal heir certificate in a smooth and hassle-free manner, reach out t..

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Overview of Legal heir Certificate

Legal heir Certificate is a Document that establishes the relationship between a deceased person and their legal heirs. The Certificate is essential for the legal heir to inherit the property of the deceased person in case he died intestate (i.e. without any will). This certificate ensures that the deceased's possessions and legacy are devolved in the family to the next rightful legal heir.

The Certificate also comes in handy to claim a deceased person's insurance, provident fund, gratuity and other such benefits provided by the government. Along with this it also helps to claim bank balances, shares, and investments of the deceased in case no nominee has been mentioned.

Importance of Legal heir Certificate

It is essential for transferring the property from the deceased to his successors.
Insurance companies require this certificate to process claims for insurance.
It is required by government offices to sanction the grant of a pension to the deceased employee's family.
The Document is necessary for receiving a gratuity, provident funds etc.
It also comes in handy to receive the arrears of the salary of a deceased government employee.
It is a mandatory Document for appointment on compassionate grounds.
Legal heir certificates are also needed during the sale of the property of the deceased.
To pay for the deceased's tax returns

Eligibility

The following people can apply for a Legal heir certificate:

Deceased’s Spouse
Children of the deceased person
Parents of the deceased person
Sibling of the deceased person

Checklist before applying for a Legal heir certificate

Following is the checklist before applying for a Legal Heir Certificate.

A Death certificate must be obtained by the applicant from the municipal corporation /hospital.
The individuals applying for a Waris Certificate should be a Legal Heir as suggested by Law.
Affidavit of self-declaration on a ₹20 non-judicial stamp paper.
Copies of all the Identity and Address proof.
Legal heirship Application (format shall vary from state to state).
Affixation of requisite court fee.
Original Death Certificate.
Documents of Service Record (in case of government Employment)

Documents required to obtain Legal Heir certificate

Following is the list of Documents required for Legal Heir Certificate:

A notarized undertaking by the Legal heir
Identity proof of the Legal heir (Voter-id Card, Aadhar card, driver’s License etc.)
Address proof of the deceased and the Legal heir (electricity, telephone or water bills, Passbook etc.)
Death certificate of the deceased person
Documents for Legal heir's date of birth. (Birth Certificates, Metric certificate, Passport etc.)

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Procedure to obtain Legal Heir Certificate

Following is the procedure to obtain Legal Heir Certificate:

Visit the Tehsildar/Talukdar office: The applicant needs to visit the nearest Tehsildar or Talukdar office in your district and collect the application form. The applicant can also approach a lawyer dealing in civil matters to assist with the process.

Application form: The applicant must carefully fill in the details of the application form and provide relevant details.

Attach Documents: Once the application has been duly filled then the applicant should attach copies of the Documents for verifying the details.

Payment of fees: Submit the application along with the Documents to your tehsildar office and pay the requisite fees.

Acknowledgement of the application: After making the payment, the tehsildar will generate a token with the acknowledgement number. This number can be used to track the process of verification.

Verification of details: The Tehsildar’s office shall verify the Documents and the details mentioned in the application.

Grant of Certificate: If the above-mentioned steps are complied with, then you shall receive your Legal heir Certificate.

How can Corpbiz help you?

Fill in the form for our Legal heir certificate service, our experts will reach out to you and collect the required information.
Then our experts shall help you prepare the Documents for the certificate and finalise the paperwork.
After going through the Documents, our experts shall file the application form, take the necessary steps and submit the same to the appropriate office.

Frequently Asked Questions

As of now online submission of application for a Legal Heir certificate is available only in a few states and districts. Most of the applications for legal heir certificates have to be submitted physically to the tehsildar or talukdar close to your vicinity.

The Legal heir certificate does not have any period of validity. It is valid for a lifetime.

There are numerous differences between a legal heir certificate and a succession certificate:

The legal heir certificate is issued by the tehsildar/talukdar whereas the Succession certificate is issued by the court.
A legal heir certificate is used for the transfer of assets. A succession certificate is necessary for the transfer of immovable property.
A legal heir certificate can only be made by children, wives or parents of the deceased and a succession certificate can be made by any Legal heir.
A legal heir certificate is usually issued within a span of 15-20 days and a succession certificate requires a hearing of 45 days to see whether any objections arise before the court.

The government fee for obtaining a legal heir certificate differs for each state. This can be cross-checked with the tehsildar or government website. The applicant must ensure that the appropriate fee is paid along with the application.

Yes, you can obtain a duplicate of the Legal heir certificate. However, for this, the original death certificate must be available. You can visit the office that provided the certificate with the date of issue and retrieve a copy of the same.

Usually, the Legal heir certificate is granted to an applicant within a span of one month. If there is a delay beyond the reasonable time then one must contact the Revenue division officer or the sub-collector.