How To Obtain Legal Heir Certificate In India

Published on 02 Dec 2019 by Shivi

Family laws are governed as per the religion followed by an individual in India. Under the Hindu family laws, one of the primary causes of legal disputes is inheritance and succession by legal heirs of a deceased person. However, most people are unaware that these disputes can be avoided by simply obtaining a Legal Heir Certificate after the death of a family member. In this blog, we’ll discuss the process of obtaining a legal heir certificate in India.

What Is A Legal Heir Certificate?

The legal heirs of a deceased person must obtain a legal heir certificate in order to transfer the assets of the deceased in their names after the person’s untimely demise. A legal heir certificate establishes the relationship between the deceased person and the legal heirs of the person. The certificate helps the legal heirs in claiming their right over the properties and debts of the deceased person. 

Who Are Legal Heirs?

The following people are considered as the legal heirs of a person and can obtain a legal heir certificate online in India

  1. Parents of the deceased

  2. Siblings of the deceased

  3. Spouse of the deceased

  4. Children of the deceased

Purpose Of Legal Heir Certificate In India

A legal heir certificate is an important document to identify the rightful successors of a person. The legal heir certificate can help in the following matters after the death of a family member:

  1. Insurance

  2. Sanction and process the family pension of the deceased employee.

  3. Transfer the deceased person’s assets and properties to successors.

  4. Receive dues such as gratuity, provident fund etc from the government.

  5. Receive salary arrears of the deceased.

  6. Gain employment based on compassionate appointments.

Procedure For Obtaining Legal Heir Certificate In India

To obtain a legal heir certificate, the area or tehsil’s Tehsildar or Taluk must be approached. Once the necessary documents and the application form are filed, the applicant must submit the stamp fee, which is a nominal amount. The application is then submitted with the authority, which then holds an enquiry to check the applicants’ claim.

Once the verification process is completed by the Tehsildar or Taluk’s office, the legal heir certificate is issued mentioning all the legal heirs of the deceased person. 

In most cases, it usually takes around 30 days to obtain a legal heir certificate in India. 

Documents Required To Obtain A Legal Heir Certificate

The following documents must be submitted with the authority to obtain a legal heir certificate in India:

  1. Identity or address proof of the applicant such as voter ID, Aadhar card, driving licence or passport.

  2. Self undertaking affidavit.

  3. Death certificate of the deceased

  4. Address proof of the deceased such as a telephone or mobile bill, gas bill, bank passbook with the name and address of the deceased.

  5. Date of birth proof of all the legal heirs. 

ALSO READ: Succession Certificate: All You Need To Know

Difference Between Legal Heir Certificate And Succession Certificate

A majority of people often get confused between a legal heir certificate and a succession certificate. However, the two certificates are very different and have different purposes. A succession certificate is issued by the civil court and there are separate procedures to obtain the same. Legal heir certificate is only used in certain matters such as claiming employee benefits, insurance claims, property registration etc. However, a succession certificate enables the legal heirs to transfer the property, shares, debentures, etc. of the deceased in their own name.

Legistify can assist you in obtaining your legal heir certificate or succession certificate online in India. Call us at 846-883-3013 or send us an email at [email protected]


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