A legal heir certificate is issued to a deceased person’s family members, such as the spouse, children and mother, to enable them to claim the assets of the dead relative. This provision, enshrined in the Hindu Succession Act 1956, allows legal heirs to inherit an asset or assets as per the wishes of their deceased family member declared in a Will. However, if the deceased person didn’t leave a Will, the assets will be divided among the relatives as per the succession law.

Let’s first understand why we need a legal heir certificate.

When Is A Legal Heir Certificate Required?

A deceased relative’s legal heir/heirs will need a legal heir certificate for various financial transactions and settlements. These include closing and transferring the funds from the dead relative’s bank account to a legal heir’s account, insurance settlements, closing mutual funds and other investments, and receiving family pensions. The legal heirs will also need the certificate for non-financial tasks, like transferring phone or electricity connections in their name. In short, the certificate officially confirms a deceased person’s family members as real descendants.

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How Is A Legal Heir Certificate Different From A Succession Certificate?

A legal heir certificate should not be confused with a succession certificate. According to the district e-courts portal, a succession certificate, under the Indian Succession Act, gives authority to a person to represent the deceased person for collecting debts and securities due in their name.

Other key points between the two certificates include:

A legal heir certificate is mandatory to receive family pensions, claim insurance, close bank accounts, etc. However, like a legal heir certificate, you can also use the succession certificate to transfer electricity connections, telephone connections, bank accounts, pay house tax, etc.

Furthermore, a legal heir certificate is issued by the district tehsildar, whereas a succession certificate is issued by a court.

It takes around 30 days to obtain a legal heir certificate. In the case of a succession certificate, it may take 5-7 months. The process is longer for a succession certificate because the court issues a notice in the newspaper to allow individuals to raise an objection, if any. If there is no objection from anyone, the court will issue the certificate.

The fees for these certificates vary. For a succession certificate, the government charges a percentage of the property value, but for a legal heir certificate, the fee includes a Rs 2 stamp and Rs 20 stamp paper for the affidavit.

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How To Apply For A Legal Heir Certificate?

To apply for a legal heir certificate, one should approach the area Tehsildar, Taluk or the municipality office.

Step 1: Fill out the relevant form for a legal heir certificate, such as the name/s of a legal heir/heirs, address, relation with the deceased, etc. You can seek a lawyer’s assistance if required.

Step 2: The form should accompany all necessary documents, such as the death certificate.

Step 3: Submit the application form and the stamp paper affidavit. In some states, the affidavit may not be required.

Step 4: After submitting the form and the documents, a revenue inspector or a taluk officer will inspect and verify the details.

Step 5: Once the verification is complete, the relevant authority will issue a legal heir certificate. However, in case of a delay, you can approach the office of the area revenue officer or the sub-collector.