Legal heir certificate: All you need to know

[ecis2016.org] In this article, we will discuss what a legal heir certificate is and how the legal heirs of a deceased can obtain it

For inheritance of property, a legal heir certificate is highly crucial.  To inherit an asset that belonged to a deceased member of a family, his legal heirs have to produce two crucial documents: the death certificate of the deceased and the legal heir certificate of the surviving members who are eligible to inherit the asset of the late owner. In this article, we will discuss what a legal heir certificate is and how the legal heirs of a deceased person can obtain it.

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What is legal heir certificate?

In case the legal head of a family passes away, his legal heirs have to first report this event to the authorities concerned and get a death certificate immediately. Since all the rights and liabilities of the deceased will now be transferred and distributed among the deceased’s legal heirs, the latter will also have to apply for a legal heir certificate, also known as ‘survivor certificate’, to initiate the inheritance proceedings.

A legal heir certificate is a document that has legal enforceability and states the relationship between the deceased and his legal heirs. This ‘post-demise’ document, which states the names of all legal heirs of the deceased, is crucial for the surviving members to stake their claim in the property of their late relation. Understandably, a great deal of diligence and inquiry are employed on the part of the authorities, before issuing a legal heir certificate.

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Legal heir certificate use

There are various purposes for which the legal heirs of a deceased will have to produce a legal heir certificate:

1. To transfer movable and immovable properties and assets of the deceased.
2. To claim benefits of insurance policies of the deceased.
3. To transfer utilities in the name of the survivors.
4. To claim employment as the deceased’s successor.
5. To receive salary arrears of the deceased.
6. To claim employment benefits, if the deceased was still under employment.
7. To claim the deceased’s provident fund and gratuity.
8. For transfer of deposits, balances, investments, shares, etc., of the deceased.
9. To file tax returns on behalf of the deceased.

Who can apply for a legal heir certificate?

Legally acknowledged heirs of the deceased can apply for a legal heir certificate. These may include:

• The spouse of the deceased.
• The children of the deceased (son and daughter).
• The siblings of the deceased (brothers and sisters).
• The parents of the deceased.

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Documents needed for legal heir certificate

While any one legal heir can apply for the legal heir certificate or survivor certificate, he has to include the names of all the surviving members or legal heirs, while making the application. The applicant will have to submit the following documents with the authority concerned, to get a legal heir certificate:

• Duly filled and signed application form.
• Copies of identity and address proof of the applicant/s.
• Proof of date of birth of all legal heirs.
• List of surviving members if they are more than four in number.
• Photographs of all applicants.
• Self-undertaking affidavit/ self-declaration form.
• Death certificate of the deceased.
• Address proof of the deceased.

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What documents can be submitted as ID proof?

Aadhaar card, PAN card, Ration Card with photo, Voter ID card, passport and driving license can be submitted as ID proof.

What documents can be submitted as address proof?

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Aadhaar card, passport, bank passbook, telephone bill (landline or postpaid), Voter ID card, Ration Card, electricity bill, gas bill, driving license, registered rent agreement and water bill can be submitted as the address proof.

What documents can be submitted as date of birth proof?

School leaving certificate / secondary school leaving certificate/ certificate of recognised boards from the school last attended by the applicant or any other recognised educational institution, passport, an affidavit sworn before a magistrate stating the date of birth in case of illiterate and semi-literate and PAN card, can be submitted as the proof for date of birth.

Sample of legal heir certificate application

To check out a sample legal heir certificate application, click here.

How to get a legal heir certificate?

Step 1: Approach the municipal/ taluk/tehsil office

As mentioned earlier, one of the surviving members of the family can start the procedure to get the legal heir certificate on behalf of all the surviving members. Since this procedure has to be carried out in person in most states, the legal heir will have to approach the municipal corporation office (in urban areas) or the tehsil office (in rural areas), to get the legal heir certificate.

Step 2: Make sure all the documents are in place and the application is carefully filled and the supporting documents are attached

Before you approach the authorities, you have to make an application in a standard format and fill all the details carefully in your application. Information that you will have to provide in the legal heir certificate application include the names of all the legal heirs, their address and their respective relationship with the deceased. Keep copies of all the documents mentioned in the list above ready. All these documents must be self-attested by the legal heir to whom they belong.

Step 3: Submit the legal heir certificate application

You also have to keep handy all the original documents. As mentioned earlier, you also have to submit an affidavit or self-declaration along with the application.

Step 4: Document verification

Once you submit your application and the officials – revenue inspector/administrative officer – are done with the ground-level verification and scrutiny of the documents on their part, you will be issued a legal heir certificate, which you will have to collect from the office.

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Legal heir certificate online

In some states, you can also get the legal heir certificate online. In Tamil Nadu, for example, you can get a legal heir certificate online by following the process bellow:

1. Go to the official portal, www.tnesevai.tn.gov.in/Citizen, to apply for a legal heir certificate online in Tamil Nadu.
2. To get their legal heir certificate online, new users will have to register themselves. Once that is done, login using your credentials.
3. Key in the details as asked and click on ‘submit’ to proceed to apply for legal heir certificate online.
4. Your application for legal heir certificate online will now be verified. Once this process is done, you will have to collect the legal heir certificate in person.

Legal heir certificate sample?

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To check a sample of the legal heir format, click here.

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Legal heir certificate fee

The applicant has to pay a nominal fee to get a legal heir certificate. In Uttar Pradesh, for example, the government charges Rs 2 for a copy of the application form of legal heir certificate.

How much time does it take to get a legal heir certificate?

It takes approximately 30 days for the legal heirs to get a legal heir certificate.

What if there is a delay in getting the legal heir certificate?

You should approach the revenue division officer or sub-collector, if you feel there is an undue delay in the issuance of the legal heir certificate.

Difference between succession certificate and legal heir certificate

While there are a multitude of tasks you can complete using the legal heir certificate, this document does not act as a legal proof.

While a legal heir certificate is a document stating and identifying the relationship of the deceased with his surviving legal heirs, a succession certificate further authenticates the findings of a legal heir certificate, providing them with the authority to inherit the assets and debts of the deceased.

In that sense, a legal heir certificate acts subservient to a succession certificate, which is a legally binding document issued by civil courts. The legal authority of a legal heir certificate is limited to the specific purposes mentioned in the article earlier and it does not act as a legal proof under the provisions of the succession law. Only a succession certificate is admissible as a legal proof, in case of any dispute or litigation pertaining to the deceased’s property.

Key points to know about legal heir certificate

Certificate is a must for all heirs: All eligible successors must possess this certificate, to lay a claim over the deceased person’s property.

Municipal bodies issue death certificate: Apply for the death certificate of the deceased at the municipality office of the tehsil office of your area.

Legal heir certificate is revocable: The legal heir certificate can be revoked, if an objection is raised against the grant of this document. This is why legal heirs must provide each and every factual detail and include all legal heirs when making the application.

Legal heirs have to file income tax on behalf of the deceased: Legal heir certificate holders are also liable to file income tax returns on behalf of the deceased as his representative, under Section 159 of the Income Tax (IT) Act. A legal heir has to pay the income tax on the deceased’s income from April 1 to the date of his death. However, the legal heir does not have to pay the tax from his own resources.

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