Family laws are ruled as per the religion followed by a person in India. Under the Hindu family laws, one of the prime causes of legal disputes is inheritance and succession by legal heirs of a deceased person. However, most people are unaware that these disputes can be dodged by just obtaining a Legal Heir Certificate after the death of a family member. 

What Is A Legal Heir Certificate?

The legal heirs of a deceased person need to obtain a certificate in order to transfer the assets of the deceased in their names after the person’s untimely demise. This certificate confirms the relationship between the deceased person and the legal heirs of the person. The certificate assists the legal heirs in claiming their legal right over the land and properties and also debts of the deceased person. 

Who Are Legal Heirs?

The following people are considered as the legal heirs of a person:

1. Parents of the deceased
2. Spouse of the deceased
3. Siblings of the deceased
4. Children of the deceased

Purpose of this Certificate

This certificate is a crucial document to identify the rightful successors of a person. This certificate can assist in the following matters after the death of a family member:

1. Insurance
2. Sanction and process the family pension of the deceased employee.
3. Transfer the deceased person’s assets and properties to successors.
4. Receive dues say provident fund, gratuity, etc. from the government.
5. Receive wages arrears of the deceased.
6. Gain employment based on compassionate grounds.

Procedure for Obtaining Legal Heir Certificate in India

To get a legal heir certificate in India, the Tehsildar office or Taluk office must be approached. Once the required documents and the application form are filed, the applicant needs to submit the stamp fee, which is a nominal amount. The application is then submitted with the authority, which then holds an inquiry to check the applicants’ claim.

Once the verification process is done by the Tehsildar or Taluk’s office, this certificate is issued which mentions all the legal heirs of the deceased person. 

In most cases, it normally takes around 30 days to obtain a certificate in India. 

Documents Required 

The following documents are required to be submitted with the authority to obtain a legal heir certificate in India:

1. Identity or address proof of the candidate such as Aadhar card, voter ID, driving licence or passport.
2. Self-undertaking affidavit.
3. Death certificate of the deceased
4. Address proof of the deceased such as a telephone or mobile bill, gas bill, bank passbook with the name and address of the deceased.
5. Date of birth (DOB) proof of all the legal heirs. 

The difference among Succession Certificate and Legal Heir Certificate 

Most of the people usually get confused between a legal heir and a succession certificate. However, both the certificates are very different and have different purposes. A succession certificate (SC) is issued by the civil court and there are separate procedures to obtain the same. Legal heir certificate is particularly used in certain matters such as claiming employee benefits, insurance claims, property registration, etc. However, a succession certificate permits the legal heirs to transfer the property, shares, debentures, etc. of the deceased in their own name.

Our law firm can help you in obtaining your legal heir certificate or succession certificate in India.