What is a Legal Heir Certificate & How to Apply for it?

The passing of a person is always emotionally taxing. However, going through grief with a heavy heart and a maze of legal nuances is tougher. One of the most important and influential documents in such a situation is a legal heir certificate.

What is a legal heir certificate? How does it work? Is it the same as a succession certificate? In this article, we will be discussing all of these and more. Therefore, let us take it from the top and go over the finer details of the legal heir certificate.

Let’s go!

Understanding Legal Heir Certificate

In India, a legal heir certificate is absolutely crucial for receiving inheritance. Without a proper inheritance certificate, one cannot receive a pension, claim property, or do other things. Everything would feel like hitting a brick wall. As a result, understanding what a legal heir certificate is is super important.

So, what is a legal heir certificate? In simple terms, it is an official document issued by the government of the respective state. The documentation identifies the rightful heir of a deceased individual. It helps a person exercise their rightful claim to a property of their dead ancestor. However, the ckaim has other functions as well, like:

• Transferring property titles.
• Claiming insurance benefits.
• Accessing bank accounts or fixed deposits.
• Processing pensions and employment dues.

The District Magistrate, the Taluk Office, or the Tehsildar generally issues the document. Getting a legal heir certificate is easier than getting your succession certificate.

Who Is Eligible For This?

The question of eligibility is pretty straightforward. Then again, it does vary according to local or state laws. However, the broader spectrum stays the same. Here are some of the common individuals who can be qualified for this:

• Spouse of the deceased.
• Sons and daughters (including adopted children).
• Parents.
• Siblings (if the deceased was unmarried).

In special cases where there is no heir, extended family members could also apply for the claim. However, these cases can be complicated and often involve many caveats and backtracking. This is because a wealthy person can have many claimants. Hence, things might get muddled.

Why Do You Need It?

The question of why you need it is all but obvious. Imagine you are trying to claim your inheritance from a relative. However, you lack the general documentation that connects you to them.

What do you think will happen? This is exactly why you need it. However, there are other, more detailed reasons why you must obtain your legal heir certificate. What purpose does it serve, and how can it help you?

• Property Transfer: Moving ownership of land or a house to the heir’s name.
• Bank Account Closure: Releasing funds from the deceased’s account.
• Pension Claims: Accessing the retirement benefits of a deceased employee.
• Insurance Settlements: Claiming insured amounts after death.
• Employment Benefits: Getting salary arrears or gratuity.

Without the proper legal heir documentation, your claim to your ancestor’s property will simply be rejected. Therefore, if you are actually looking to do any of the things listed above, you should definitely consider getting a property transfer.

Documents Required

Getting a legal heir certificate is a document-heavy process. In other words, you need to jump through a monumentous paper trail, and that can be quite intensive, to say the least. Hence, save your time and energy by keeping the following documentation handy before you walk into the office:

• Death certificate of the deceased.
• Identity proof of the applicant (Aadhaar, PAN, voter ID).
• Address proof of both the deceased and the applicant.
• Proof of relationship (birth certificate, marriage certificate, ration card).
• Affidavit listing all legal heirs and their relationship with the deceased.
• Passport-sized photographs.

Do not think that you must have any one of the documents above, or you could do without one. All of these documents are integral to the process, and you need them all to get your application accepted; this is non-negotiable.

How To Apply For a Legal Heir Certificate

Getting your legal heir certificate is definitely not a straightforward task. It requires a clear understanding of the bureaucratic milestones one needs to fulfill. Therefore, let us dive right in:

Step #1: Visiting the Right Office

You can apply for the certificate at the Tehsildar’s office, the District Magistrate’s office, or the Revenue Department. In some instances, the application could even be made via online portals. Hence, the best way to proceed is to look it up.

Step #2: Fill The Form

Accuracy plays a major role in getting your legal heir certificate. Even a small error could result in complete rejection. Therefore, sit down and understand the form, then fill it out. Otherwise, be prepared for a lot of back-and-forth.

Step #3: Submit & Payment

Once all the documents are completed and the process is underway, you need to begin the submission process. Fees generally vary from place to place. Therefore, asking the internet is the best decision you can make.

Step #4: Verification process

Do not expect results immediately after submitting all the documents. There would be a cooldown period, and that could take some time. This period is used for verification.

Step #5

Once everything is done, you will receive the legal heir certificate. The certificate is a formal announcement that you are a legal heir of the person in question. Therefore, it gives you access to their assets.

Succession Certificate vs Legal Heir Certificate

It is common for people to confuse a succession certificate and a legal heir certificate; both serve a similar purpose. However, they differ in fundamental ways. A legal heir certificate encompasses immovable assets.

Meanwhile, succession certificates generally relate to movable assets such as securities and debts. There are other differences as well; this one is certainly one of the more fundamental differences between the two.

FAQ

We have covered all the necessary pointers to understand the legal heir certificate. Still, some questions need answering. Here are some of them: