What is a Legal Heir Certificate?
A Legal Heir Certificate is an official document issued by the government that identifies the rightful living successors of a deceased person. It serves as a formal introduction to authorities, stating who is next in line to inherit the deceased's assets, liabilities, and responsibilities. This certificate is vital when a person passes away without leaving a will (intestate).
Who Can Apply for a Legal Heir Certificate?
The following individuals are typically eligible to apply, based on the personal laws applicable (Hindu Succession Act, Indian Succession Act, etc.):
- Class I Heirs (Primary): Spouse (Wife/Husband), Children (Son/Daughter), Mother.
- Class II Heirs (Secondary): Father, Siblings, Grandparents, Grandchildren (if Class I heirs are not present).
Note: Adopted children have the same rights as biological children.
Documents Required
- Application Form: Duly filled and signed.
- Death Certificate: Original death certificate of the deceased.
- Identity Proof: Aadhaar Card, Voter ID, Passport of the applicant and all heirs.
- Address Proof: Proof of residence of the deceased and the applicant.
- Date of Birth Proof: Birth certificates or school transfer certificates of all legal heirs.
- Affidavit: A self-declaration on stamp paper listing all heirs.
- Proof of Relationship: Marriage certificate or birth certificates establishing the relationship.
Application Process
The process can be done online or offline, depending on the state:
Online Process:
- Visit the state's e-District or Revenue Department portal.
- Register and log in.
- Fill out the application form for "Legal Heir Certificate".
- Upload scanned copies of required documents.
- Pay the applicable fees online.
- Track the status and download the certificate once approved.
Offline Process:
- Visit the Taluk/Tehsildar office or District Civil Court.
- Obtain and fill the application form.
- Attach all necessary documents and an affidavit.
- Submit the form and pay the fees.
- A Revenue Inspector will verify the details through an inquiry.
- Collect the certificate from the office after approval.
Uses & Benefits
- Transfer of Properties: Essential for transferring electricity connection, house tax, telephone connection, etc.
- Claiming Dues: Required to claim family pension, provident fund, gratuity, and salary arrears of the deceased government employee.
- Compassionate Appointment: To get employment on compassionate grounds.
- ITR Filing: To file Income Tax Returns on behalf of the deceased.
Difference Between Legal Heir Certificate and Succession Certificate
| Feature | Legal Heir Certificate | Succession Certificate |
|---|---|---|
| Issuing Authority | Tehsildar / Revenue Officer | Civil Court |
| Purpose | Transfer of movable assets, claiming dues, pension | Transfer of debts, securities, shares, bank deposits |
| Time Taken | 15 - 30 days | 3 - 7 months |
| Cost | Nominal (₹2 - ₹20 stamp duty) | Percentage of asset value (up to 3%) |
Fees & Validity
Fees: The cost is very nominal, typically involving a small stamp duty (e.g., ₹2 for the stamp and ₹20 for the affidavit). However, lawyer fees may apply if you hire one.
Validity: A Legal Heir Certificate is valid for a lifetime and does not expire.
