Legal Heir Certificate in India
Complete guide to obtaining Legal Heir Certificate in India - procedure, documents required, online application, fees, timeline, and difference from succession certificate.
Legal Heir Certificate in India
A Legal Heir Certificate is an essential document that establishes the relationship between a deceased person and their legal heirs. It is required for various purposes including claiming dues, transferring assets, and settling estates.
What Is a Legal Heir Certificate?
Definition
Legal Heir Certificate:
An official document issued by:
- Tehsildar/Revenue Authority
- District Magistrate
- Court (in some states)
States That:
- Names of legal heirs of deceased
- Relationship with deceased
- Authority to represent estate
Purpose
Used For:
- Claiming insurance money
- Pension transfer/settlement
- Bank account access
- PF/gratuity claims
- Government dues
- Employment on compassionate grounds
- Educational scholarships
- Transfer of vehicle registration
Who Can Apply
Applicants:
- Any legal heir of deceased
- Spouse
- Children
- Parents
- Siblings (if no spouse/children)
- Any Class I or II heir
Legal Heir Certificate vs. Succession Certificate
Key Differences
Legal Heir Certificate:
- Issued by Revenue Authority
- Simpler process
- Lower fees
- Faster
- Limited acceptance
- Not for high-value assets
- No court involvement
Succession Certificate:
- Issued by Civil Court
- Complex court procedure
- Higher fees (ad valorem)
- Time consuming (months/years)
- Universally accepted
- Required for high-value assets
- Court decree
When to Use Which
Legal Heir Certificate:
- Government dues
- Insurance claims (sometimes)
- Pension
- PF claims
- Lower value matters
- Cooperative societies
Succession Certificate:
- Bank accounts (large balance)
- Shares and securities
- Debentures
- Government securities
- When specifically demanded
- High-value assets
Documents Required
For Application
Essential Documents:
□ Death certificate of deceased
□ ID proof of applicant
□ Address proof of applicant
□ ID proof of all legal heirs
□ Relationship proof
□ Ration card (family details)
□ Passport size photos
□ Affidavit on stamp paper
Relationship Proof
To Establish Relationship:
- Marriage certificate (spouse)
- Birth certificate (children)
- School records
- Voter ID/Aadhar (address match)
- Family records
- Affidavit with witnesses
Additional Documents
May Be Required:
- NOC from other heirs
- Address of all heirs
- Details of property/assets
- Proof of death at residence
- Verification of resident status
Application Process
Step 1: Obtain Death Certificate
First Requirement:
Death Certificate from:
- Municipal Corporation
- Gram Panchayat
- Hospital where death occurred
Without this, process cannot start
Step 2: Prepare Affidavit
Affidavit Should State:
- Details of deceased
- Date and place of death
- Names of all legal heirs
- Relationships
- That no heir is excluded
- That information is correct
On stamp paper:
₹10-100 (varies by state)
Step 3: Apply to Authority
Offline:
- Visit Tehsil office
- Submit application form
- Attach documents
- Pay fees
- Get receipt
Online (Where Available):
- State portal
- Create account
- Fill application
- Upload documents
- Pay fees online
- Track status
Step 4: Verification
Authority May:
- Conduct local inquiry
- Verify documents
- Check records
- Ask for additional proof
- Publish notice (some states)
Step 5: Receive Certificate
After Verification:
- Certificate issued
- Collect from office
- Or receive by post
- Download (if online)
State-Wise Process
Uttar Pradesh
Authority: Tehsildar
Process:
1. Apply to Tehsil office
2. Submit documents
3. Fees: ~₹25
4. Inquiry by Patwari
5. Certificate in 15-30 days
Online: e-District portal
Maharashtra
Authority: Tehsildar/SDM
Process:
1. Apply at Tehsil
2. Submit affidavit
3. Fees: ~₹40-50
4. Verification
5. Certificate in 15-45 days
Online: Aaple Sarkar portal
Karnataka
Authority: Tahsildar
Process:
1. Apply to Taluk office
2. Submit Form 51
3. Documents attached
4. Fees: ~₹25
5. Certificate in 30 days
Online: Nadakacheri portal
Tamil Nadu
Authority: Tahsildar/RDO
Process:
1. Application to Taluk office
2. Affidavit required
3. Fees: ~₹25
4. Verification
5. Certificate in 15-30 days
Online: TN e-Seva portal
Delhi
Authority: SDM
Process:
1. Apply to SDM office
2. Submit documents
3. Fees: ~₹10-50
4. Verification
5. Certificate in 15-21 days
Online: e-District Delhi portal
Other States
Common Process:
- Apply to Tehsildar/SDM
- Submit death certificate
- Submit relationship proof
- Affidavit
- Verification
- Certificate issued
Check State Portal:
- Most states have online facility
- Search "Legal heir certificate [state name]"
Online Application
General Steps
1. Visit State Portal:
- Find e-District service
- Or specific department portal
2. Register/Login:
- Create citizen account
- Verify mobile/email
3. Find Service:
- Search "Legal Heir Certificate"
- Or in Revenue services
4. Fill Application:
- Deceased details
- Applicant details
- Legal heirs list
- Address details
5. Upload Documents:
- Scan and upload
- Proper format/size
- Clear, readable copies
6. Pay Fees:
- Online payment
- Keep receipt
7. Track Application:
- Get application number
- Track status online
Common Portals
National: Digital India Services
Check: services.india.gov.in
State Examples:
- UP: edistrict.up.gov.in
- Maharashtra: aaplesarkar.mahaonline.gov.in
- Karnataka: nadakacheri.karnataka.gov.in
- Tamil Nadu: tnesevai.tn.gov.in
- Delhi: edistrict.delhigovt.nic.in
- Gujarat: digitalgujarat.gov.in
Timeline and Fees
Expected Time
Normal Processing:
- 15-30 days typically
- May be faster online
- Delays if documents incomplete
- Inquiry may add time
Government Fees
Typical Fees:
- Application: ₹10-50
- Stamp paper for affidavit: ₹10-100
- Notarization: ₹50-100
- Total: ₹50-250
State Variations Exist
If Using Agent
Agent/Service Fees:
- Additional ₹500-2,000
- For document preparation
- For follow-up
- For faster processing
Recommendation:
Apply yourself (straightforward)
Affidavit Format
Sample Affidavit
AFFIDAVIT
I, [Your Name], S/o [Father's Name], aged [X]
years, resident of [Full Address], do hereby
solemnly affirm and declare as under:
1. That [Deceased Name], S/o [Father's Name]
expired on [Date] at [Place].
2. That I am the [Son/Daughter/Spouse] of
the deceased.
3. That the following are all the legal
heirs of the deceased:
a) [Name], [Relation], Age [X]
b) [Name], [Relation], Age [X]
c) [Name], [Relation], Age [X]
[List all heirs]
4. That no other legal heir of the deceased
exists apart from those named above.
5. That this certificate is required for
[Purpose - e.g., claiming insurance].
6. That the facts stated above are true to
the best of my knowledge and belief.
DEPONENT
Verification:
Verified that the contents of this affidavit
are true and correct.
[Place]
[Date]
Common Issues and Solutions
Application Rejected
Reasons:
- Incomplete documents
- Wrong form
- Fee not paid
- Affidavit issues
Solution:
- Resubmit with corrections
- Provide additional documents
- Follow guidelines carefully
One Heir Missing
Issue:
Certificate won't include missing heir
Solution:
- Trace the heir
- Include all heirs
- If untraceable, publish notice
- Court procedure may be needed
Dispute Among Heirs
Issue:
Other heirs contesting
Solution:
- Try to resolve amicably
- All heirs should consent
- May need court intervention
- Succession certificate may be better
Death Certificate Not Available
Issue:
Old death, no certificate
Solution:
- Apply for delayed registration
- Provide alternative proof
- Hospital records
- Burial/cremation records
- Affidavits from witnesses
Who Are Legal Heirs
Class I Heirs (Hindu Law)
First Priority:
- Sons and daughters
- Widow
- Mother
- Son of predeceased son
- Daughter of predeceased son
- Son of predeceased daughter
- Daughter of predeceased daughter
- Widow of predeceased son
- Son of predeceased son of predeceased son
- Widow of predeceased son of predeceased son
- Daughter of predeceased son of predeceased son
Class II Heirs (Hindu Law)
If No Class I:
- Father
- Son's daughter's son
- Son's daughter's daughter
- Brother
- Sister
- And others...
Muslim Law
Different Rules:
- Quranic heirs
- Agnatic heirs
- Uterine heirs
Consult Muslim personal law
Christian/Parsi Law
General Rules:
- Indian Succession Act applies
- Different hierarchy
- Consult relevant laws
Using the Certificate
What It Allows
You Can:
- Claim dues on behalf of estate
- Represent deceased's interests
- Apply for asset transfer
- Submit to authorities
What It Doesn’t Allow
May Not Be Sufficient For:
- Direct asset transfer
- High-value bank accounts
- Share transfer (needs succession)
- Property mutation (needs other docs)
Validity
Generally:
- Valid until revoked
- No expiry date
- Some institutions may ask for recent one
- Renewal not required
Checklist
Before Applying:
□ Death certificate obtained
□ All heirs identified
□ Relationship proof ready
□ ID/address proof of all
□ Affidavit prepared
□ Photos arranged
□ Fee amount known
During Application:
□ All fields filled correctly
□ All documents attached
□ Fee paid
□ Receipt obtained
□ Application number noted
After Receiving:
□ Verify all heirs included
□ Check for errors
□ Make photocopies
□ Store safely
Conclusion
A Legal Heir Certificate is a fundamental document for settling a deceased person’s estate in India. While simpler than a Succession Certificate, it serves most common purposes effectively.
Key Takeaways:
- Get death certificate first—without it, nothing proceeds
- List all heirs—incomplete list causes problems
- Proper affidavit—on stamp paper, notarized
- Use online—faster and trackable
- Know the difference—from succession certificate
- State-specific—check your state’s process
- Keep copies—multiple authorities may need it
- Timeline—usually 15-30 days
When Needed:
- For pension/PF claims
- Insurance claims
- Bank account access (smaller amounts)
- Government dues
Procedures and fees may change. Check your state’s official portal for current requirements. For high-value assets or disputes, consult a lawyer.