What Is a Legal Heir Certificate
A legal heir certificate is an important document that establishes the relationship of the deceased with the surviving family members. In India, a legal heir certificate plays a significant role in claiming assets like property, pension, insurance, or other benefits of the deceased person. If you are wondering what a legal heir certificate is and how to get it, read on, and we will show you how to get a legal heir certificate in India, step by step.
What is a legal heir certificate?
A legal heir certificate is a certificate issued by the government to identify the legal heirs of a deceased person. It is primarily used to:
- Transfer the ownership of property.
- Claim insurance.
- Receive pension or retirement benefits.
- Settled debts or dues
- Withdraw money from the deceased's bank accounts.
A legal heir certificate helps to avoid disputes amongst family members, and it is legal proof of their relationship.
Importance of a Legal Heir Certificate
The legal heir certificate is imperative in some cases for:
Property transfer: This allows for the heirs to take possession of the deceased person's movable and immovable property.
Insurance claims: Most insurance companies will want a legal heir certificate to release the sum assured.
Settling the deceased's bank accounts: If the accounts of the deceased had a significant sum of money, the bank may freeze the account until you present the legal heir certificate.
Government compensation: If the deceased was a government employee and passed away, the legal heir certificate will be required to claim job benefits, pension, etc.
Who Can Apply for a Legal Heir Certificate?
Anyone who is a legal heir of the deceased can apply. The following are considered legal heirs:
- Spouse (husband or wife)
- Children (son and/or daughter)
- Parents
- Siblings (in some situations)
In several cases, if the deceased was a government employee, a family member may also require the certificate to proceed to claim her family pension or some dues.
Documents Required for Legal Heir Certificate
Here's a list of essential documents needed while applying for a legal heir certificate.
- Death Certificate (of the deceased) (mandatory)
- Identification proof of the applicant (Aadhar, Voter ID, etc.)
- Address proof (ration card, utility bills, etc.)
- Proof of Date of Birth for all the Legal Heirs
- Affidavit/self-declaration by the applicant.
- Family Tree or Genealogical Chart (in some states)
- Passport-size photographs
Note: Each state may have slightly different document requirements, so it is best practice to check with the local authorities first.
Step-by-Step Process to Apply for a Legal Heir Certificate
This is the process on how to apply for a legal heir certificate in India:
Step 1: Go to the Local Tehsildar Office
Go to the tehsildar office, taluk office, or municipal office in the area in which any one of the deceased persons resided.
Step 2: Fill out your application form.
Obtain the application form for the Legal Heir Certificate and fill in the particulars in the form, such as the name of the deceased person, his/her date of death, family members, and relationships.
Step 3: Attach all the required documents.
Attach all the required documents, such as the death certificate, ID proof, proof of relationship, etc.
Step 4: Submit the Application
Please submit the form along with the documents to the designated officer. Keep the acknowledgment receipt safe for future reference.
Step 5: Verification Process
The authority will initiate a field-level verification, where local officials may visit your residence to confirm the facts.
Step 6: Issuance of Certificate
Once the verification is complete, the legal heir certificate is issued within 15 to 30 working days, depending on your state.
How to Apply Online for a Legal Heir Certificate
Many of the states now have a provision for applying online. You can go to your government state official portal or e-district site for that state, such as
- Tamil Nadu: https://tnesevai.tn.gov.in
- Kerala: https://edistrict.kerala.gov.in
- Delhi: https://edistrict.delhigovt.nic.in
The steps are
- Register using Aadhaar and a mobile number.
- Fill out the online application form.
- Upload scanned documents.
- Track your application online.
Difference Between Legal Heir Certificate and Succession Certificate
Many people confuse these two documents. Here’s the key difference:
- Legal Heir Certificate Succession Certificate
- Issued by Revenue Authorities Issued by Civil Court
- Used for claiming salary, pension, etc. Used for transferring debts, assets
- Less time-consuming More formal and time-consuming
If the deceased had movable property like mutual funds or shares, then a Succession Certificate may be needed instead.
What are the reasons Legal Heir Certificates are important to your family
- Settlements and Transfers: Most banks and government departments will accept it for a smooth and legal transfer of assets.
- Prevent Disputes: It will help prevent legal disputes amongst family members.
- Relationship Proving: It will legally establish who the legal heirs are.
- Court: It can be helpful if you have to go to court related to inheritance of property rights.
Helpful Tips to Secure Approval Faster
- Make sure the documents submitted are in order and have the same benefits as the originals.
- The originals to be verified should be submitted, in addition to completed copies.
- Do not hesitate to call and check with the local office if the length of time seems too long.
- You may also be able to inquire about the status of your application process online (if your state offers it).
Conclusion
A legal heir certificate is an essential document for families who are in distress. It helps them continue to manage their financial and legal responsibilities. Whether you plan to claim a bank deposit or pension or transfer a property right, having a legal heir certificate will make it easier and legally obtainable.
If you are unfamiliar with the legal application process, or it looks like it will take forever, it is advisable to speak to a recognized legal advisor or law firm who can take you step by step through the procedure.