Legal Heir Certificate
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Legal Heir Certificate
A Legal Heir Certificate is required for transfer of assets of a deceased person to their legal heirs and can be obtained only after application and proper inquiry by an official revenue inspector or an administrative officer. Simply stated, it is a certificate to represent the relation between deceased and his/ her heirs. After the demise of a person, when the death certificate of the deceased is obtained, it becomes the duty of the successors to apply for legal heir certificate to gain rights over property and dues of a deceased person.
Legal Heirs of Deceased Person
A legal heir could be all of these close relatives of a deceased person. They could be the Parents, Spouse, Siblings or Children of the deceased person.
Purpose of a Legal Heir Certificate
- Family pension: The legal heirs of the deceased requires a legal heir certificate to process family pension.
- Employment purpose: Legal heirs can get employment in matters of compassionate appointment (appointments to Govt.) through legal heir certificate.
- Receive salary arrears of deceased: Legal heir certificate is used for the purpose of receiving any salary arrears (applicable only on state/central government employees).
- Receiving of any kind of pending dues: Legal heir certificate is used for the purpose of receiving any kind of dues of the deceased person, such as gratuity, provident fund, etc. from the government.
- Transfer of assets, properties and claiming any insurance: Legal heir certificate is essential for the purpose of transferring property or assets along with claim over any insurance of the deceased person.
STEP 1: A legitimate heir should approach the area/ taluk Tehsildar and fill the application form with basic details:
- Name of all the legal heirs along with their relation with the deceased person
- Address of family members
- Death certificate of the deceased person received from municipality or corporation
- An affidavit for self-undertaking
- Self-attested copy of required documents
STEP 2: The application form is stamped and submitted.
STEP 3: Further, inquiry/ inspection will be conducted by a revenue inspector or an administrative officer.
STEP 4: After successful completion of the inquiry, the court will grant a legal heir certificate.
Generally, the whole procedure takes maximum 30 working days to grant the certificate. In case of any unnecessary delay the applicant can approach to Sub Collector or Revenue Division Officer.
- Drafting of application form
- Submission of application form
- Follow-up with the Authorities
- Legal Heir Certificate
- Identification proof/ Address proof of applicant such as voter ID card, Aadhaar card, driving license, etc.
- Death certificate of the deceased person
- Affidavit of self-undertaking by the applicant
- Date of birth proof of all legal heirs (birth certificate, PAN card and passport, etc.)
- Address proof of deceased person (gas bill, Electricity bill, water bill, etc.)
Yes, it is mandatory to have a legal heir certificate for property transfer.
A person can remove their name from the legal heir certificate by filing an application to the Tehsildar. The person has to provide valid reasons for removal of the name.
Legal heir certificate is used in cases where a legal heir of a deceased person wants to claim employee rights, property registration or any kind of insurance claims of the deceased person. Succession certificate is valid and required in matters of dispute settlement related to any property under matters of litigation.
A married daughter has equal rights in a parental property as per the 2005 Amendment of the Hindu Succession Act, 1956 which clearly states a daughter’s right in parental property.
The process to obtain a Legal Heir Certificate usually takes 30 working days from the date of filing of application.