What is a Legal Heir Certificate: Eligibility, Documentation and Application Certificate

Disputes over inherited property are common, especially when the owner passes away without leaving a will. In such cases, family members must obtain official documents like a Legal Heir Certificate or Succession Certificate to establish their rights and take charge of the property. However, the legal process and jargon often confuse people without a legal background. This guide simplifies the concept of legal heirs and explains how to obtain a Legal Heir Certificate.

Who is a Legal Heir?

According to succession laws, when a person dies without leaving behind a will or legal clarification, the individual who inherits the deceased’s property, responsibilities, and even debts related to real estate is termed a legal heir.

Classification of Legal Heirs in India

In India, legal heirs are classified under the Hindu Succession Law into two categories: Class I and Class II heirs.

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Class I Heirs (inherit in equal shares)

• Wife
• Children
• Mother

Class II Heirs (in the absence of Class I heirs)

• Father
• Grandchildren
• Great-grandchildren
• Siblings
• Other relatives

What Is a Legal Heir Certificate?

A Legal Heir Certificate is an essential official document issued by the government bodies that helps establish the relationship between the deceased person and their legal heirs according to the Succession Laws of India. A legal heir certificate in India helps transfer all the legal assets of the deceased person to their living family members. This certificate is needed for real estate and the transfer of financial claims via banks like provident funds, house tax, loans, electricity bills, saving/current accounts, filing of IT returns, etc. In addition, a legal heirship certificate from court is needed when a person dies intestate, i.e., without leaving a will or declaring a legal nominee behind. 

Why Do You Need a Legal Heir Certificate?

Waris' certificate is claimed by the rightful successor who takes over any assets and responsibilities of the deceased person. A legal heirship certificate is needed to - 

• Transfer a deceased person's properties and assets to the rightful successor.
• Claim any insurance policies in place.
• Sanction and receive any family pension allotted to the deceased employee by the official channels.
• Claim monetary dues like provident funds, gratuity, etc., from the government.
• Receive any pending salary of the deceased employee who was working for the state or central government.
• Receive employment due to any compassionate appointments.

If you are looking to purchase a property, it is advised to ask for a legal heir certificate to confirm who the rightful proprietor is. In cases of multiple legal heirs, you must ensure that everyone signs the deed of conveyance to avoid any legal disputes in the future. 

What Are The Advantages Of Obtaining A Legal Heir Certificate?

A legal heir certificate is a document that certifies the rightful heirs of a deceased person. It is an important document that helps the heirs to claim the assets and properties left behind by the deceased. You must know how to apply for a legal heir certificate because here are some advantages of obtaining a legal heir certificate in India:

• Proof of legal heirship: The legal heir certificate is a legal document that certifies the legal heirs of the deceased person. This document is necessary to claim the assets and properties left behind by the deceased.
• Easy transfer of assets: Still wondering if a legal heir certificate is enough for property transfer? The original legal heir certificate helps in the easy transfer of assets and properties left behind by the deceased. This certificate is required to transfer the assets and properties to the legal heirs.
• Avoids legal disputes: In the absence of a legal heir certificate, there may be disputes among the legal heirs over the assets and properties left behind by the deceased. The legal heir certificate helps in avoiding such disputes and ensures a smooth transfer of assets.
• Useful in obtaining government benefits: The legal heir certificate is useful in obtaining government benefits such as pension, insurance, and other financial assistance.

Read on to know the procedure for legal heir certificate creation, along with the legal heir certificate documents required-

What Is the Process of Getting a Legal Heir Certificate?

To get your legal heir certificate, you must reach out to the respective area's Taluk Tehsildar, corporation/municipality office or the district civil court. 

• The legitimate heir of the deceased person must contact the rightful authority of the respective area and ask for the application form that needs to be filled out to apply for a legal heir certificate. The application includes the names of the legal heirs, their relation to the deceased, and their residential addresses. After filling out this application to the best of your knowledge, could you submit it to the government officials? You can also hire a lawyer for the same, who'll reach out to the district civil court on your behalf.
• The death certificate of the late proprietor, along with all the other necessary documents, must be attached to the application. If you do not already have it, the death certificate must be retrieved from the corporation/ municipality office.
• You must submit an affidavit on stamp paper or a self-declaration along with the application for a legal heir certificate.
• Your enquiry is noted, and a revenue inspector or an administrative officer will conduct a thorough inspection to understand all the facts.
• Once the inspection was completed and declared victorious, the respective authorities issued the legal heirship certificate.

Usually, this process of submitting an application and receiving the legal heir certificate takes around 30 days. However, if you face an unavoidable, unexpected delay, you must reach out to the Revenue Division Officer (RDO) or the sub-collector of the respective area. 

What Are the Documents Needed to Obtain a Legal Heir Certificate?

To obtain a legal heir certificate issued by the government of India, you must ensure that you submit the documents along with the application - 

1. Application form - filled with accurate information and signed.
2. Applicant's identity or address proof. Identity proof could be the applicant's Aadhar Card, Driving Licence, Voter ID Card, Passport, or any other Identity Card issued by the Government of India. Address proof could be any acceptable ID proof or any gas bill, telephone or mobile bill, passbook, etc.
3. Death certificate of the deceased proprietor. It can be obtained from the corporation/ municipality office.
4. Proof for the Date of Birth of all legal heirs. It could be a PAN Card, Passport, Birth Certificate, School Transfer or Leaving Certificate, etc.
5. Address proof of the deceased proprietor. 
6. A self-undertaking affidavit.

The Difference Between a Legal Heir Certificate and a Succession Certificate

Although both documents relate to inheritance and may appear similar, a Legal Heir Certificate and a Succession Certificate serve very different purposes under Indian law. They cannot be used as substitutes for one another.

Key Differences

• Issuing Authority
  • Legal Heir Certificate: Issued by the Tehsildar (Tahsildar) of the district, municipal corporation, or local revenue authority.
  • Succession Certificate: Issued only by a civil court under the Indian Succession Act, 1925.
• Purpose
  • Legal Heir Certificate: Used to establish the relationship between the deceased and their legal heirs. It is generally required for claiming pensions, insurance, employee benefits, property registration, utility transfers (electricity, water, telephone), and tax records.
  • Succession Certificate: Grants the legal right to inherit and manage the deceased’s movable assets, such as bank deposits, securities, debts, and other financial instruments. It allows the holder to carry out transactions legally.
• Scope of Use
  • Legal Heir Certificate: Establishes heirship but does not grant complete ownership rights or authority to make financial decisions.
  • Succession Certificate: Provides full authority to collect debts, make transactions, and manage movable property of the deceased.
• Property Type Covered
  • Legal Heir Certificate: Accepted for all property-related matters (both movable and immovable) as proof of relationship.
  • Succession Certificate: Applicable only to movable property and financial assets.
• Eligibility
  • Legal Heir Certificate: Can be obtained by the spouse, children, and parents of the deceased.
  • Succession Certificate: Can only be applied for by the official legal heirs recognised by succession laws.
• Time Taken
  • Legal Heir Certificate: Typically issued within 15–30 days.
  • Succession Certificate: Requires a minimum of 45 days or more, as it involves a court process.
• Fee/Cost
  • Legal Heir Certificate: Nominal charges such as ₹20 stamp paper + small administrative fees.
  • Succession Certificate: Requires a court fee of up to 3% of the value of the estate (varies by state).

Difference between Surviving Member Certificate and Legal Heir Certificate:

A surviving member certificate is a document that certifies the surviving members of a family in case of the death of the head of the family. It is issued by the revenue department of the district where the deceased person resided. A legal heir certificate, on the other hand, certifies the legal heirs of a deceased person. The legal heir certificate is required to claim the assets and properties left behind by the deceased.

How To Add a Legal Heir to File for Income Tax Returns?

When a person passes away, their income tax liability does not end. The legal heir(s) must file the deceased person’s Income Tax Return (ITR) and pay any pending tax on their behalf.

Step-by-Step Process

• Visit the Income Tax e-Filing Portal
  • Go to https://incometaxindiaefiling.gov.in.
• Login or Register
  • If you are already a registered user, log in with your credentials.
  • If not, click “Register Yourself” and complete the registration by entering:
    • PAN
    • Full Name (First, Middle, Surname)
    • Date of Birth
    • Residential Status
• Register as a Representative
  • After logging in, go to My Account → Register as Representative.
  • Under Request Type, select New Request.
  • Choose Register yourself on behalf of another person.
• Select Category
  • In the Category to Register section, select Estate of Deceased.
  • Click Proceed.
• Provide Deceased Person’s Details
  • Enter details such as:
    • PAN of the deceased
    • Name of the estate
    • Date of incorporation
• Upload Required Documents
  • Prepare a ZIP file (less than 1 MB) containing:
    • Self-attested PAN card of the legal heir
    • PAN card of the deceased person
    • Death Certificate
    • Legal Heir Certificate OR Affidavit (notarised)
• Submit the Request
  • Upload the ZIP file and click Submit.
  • The request will be sent to the e-Filing Administrator for review.
• Approval Process
  • The e-Filing Administrator will verify the documents.
  • If approved, you will be registered as either:
    • Permanent Legal Heir, or
    • Temporary Legal Heir
• Check Status
  • The status of your request will be sent to your registered email ID.
  • You can also track it under My Request in the portal.
• File ITR on Behalf of the Deceased
  • Once approved, you can proceed to file the deceased’s Income Tax Return as their registered legal heir.

How NoBroker Can Help With Legal Services?

Inheritance is a complicated legal concept that has several conditions and loopholes that are tough to understand. One such concept is a legal heir certificate. When a person dies intestate, i.e., legal heirs need to get a Waris certificate from the official authorities without leaving any will behind. This heirship certificate enables the heir to access the deceased person's bank accounts or claim employment benefits.

If you’re buying a resale house, this is one document that you need to check. Wondering what the other documents are? Get NoBroker Legal services! This team has experts who will guide you on what to look for and how to get it, making your home-buying experience a smooth and stress-free one. Click the link below to find out more. 

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