How to Get Legal Heir Certificate in India: Process, Documents, and Uses
- Chirag SEHRAWAT
- 23 hours ago
- 5 min read
When a family member passes away, a Legal Heir Certificate becomes essential for claiming assets and benefits. Here's everything you need to know about obtaining one.
What is a Legal Heir Certificate?
A Legal Heir Certificate (also called Succession Certificate in some contexts) is an official document issued by government authorities that:
Identifies the legal heirs of a deceased person
Establishes their relationship with the deceased
Is used to claim assets, benefits, and insurance
Important: This is different from a Will. A Will is written by the person before death. Legal Heir Certificate is obtained after death.
Who are Legal Heirs?
Under Hindu Succession Act:
Class I Heirs (First Priority):
Widow
Son
Daughter
Mother
Son or daughter of pre-deceased son
Son or daughter of pre-deceased daughter
Widow of pre-deceased son
Class II Heirs (If no Class I heirs exist):
Father
Son's daughter's son/daughter
Brother/Sister
And others in specified order
Under Muslim Personal Law:
Specific shares defined for each heir
Males and females have different shares
Detailed rules of inheritance apply
Under Christian/Parsi Laws:
Similar succession principles
Specific personal laws apply
When Do You Need Legal Heir Certificate?
Essential for:
Claiming Insurance (Life, health, vehicle)
Pension Benefits (Government/private)
Provident Fund (PF/EPF) withdrawal
Gratuity claims
Bank Account access (if no nomination)
Government Benefits (scholarships, ration card transfer)
Property Transfer (sometimes, along with other documents)
Court Cases (representing deceased)
Compensation Claims (accident, employee death)
Passport (for dependent family members)
Issuing Authority:
Varies by state:
Tehsildar/Tahsildar (most states)
Revenue Department Officer
Sub-Divisional Magistrate (SDM)
District Magistrate (DM)
Village Administrative Officer (VAO) (for rural areas)
Metropolitan Magistrate (in cities)
Check your state's specific authority.
Documents Required:
Essential Documents:
Death Certificate (of deceased)
Original + photocopy
From Municipal Corporation/Gram Panchayat
Application Form
Duly filled
Available at Tehsil office or online
Signed by applicant
Identity Proof (of all legal heirs)
Aadhaar Card
PAN Card
Voter ID
Passport
Driving License
Address Proof (of all legal heirs)
Aadhaar Card
Utility bills
Ration card
Bank passbook
Proof of Relationship
Birth certificates (for children)
Marriage certificate (for spouse)
School certificates
Aadhaar card (showing family)
Any document showing relationship
Ration Card/Family Card (if available)
Affidavit
On stamp paper (₹10-100)
Stating all legal heirs
No other heirs exist
Notarized
Indemnity Bond (sometimes required)
On stamp paper
Indemnifying the issuing authority
Passport-Size Photographs
Of all legal heirs
Usually 2-3 each
No Objection Certificate (NOC)
From other legal heirs (if any not applying together)
Step-by-Step Application Process:
Method 1: Offline Application
Step 1: Collect Documents Gather all required documents listed above.
Step 2: Get Application Form
Visit Tehsil/Revenue Office
Or download from state revenue website
Fill form carefully
Provide all heir details
Step 3: Prepare Affidavit
On stamp paper (₹10-20 usually)
State: "I am the legal heir of deceased [name]"
List all other legal heirs
"No other legal heir exists except those mentioned"
Get notarized
Step 4: Self-Attested Copies
Make photocopies of all documents
Self-attest each page
Original documents for verification
Step 5: Submit Application
Visit Tehsildar/SDM office
Submit form with documents
Pay fee (if any)
Get acknowledgment receipt with application number
Step 6: Verification Process
Officials verify documents
May conduct field inquiry
Village Administrative Officer (VAO) may visit
Neighbors may be asked to verify
Local inquiry conducted
Step 7: Public Notice (in some states)
Notice displayed on office notice board
Or published in local newspaper
Objection period (15-30 days)
Anyone can object if incorrect information
Step 8: Objection Handling
If objections received, hearing conducted
All parties present their case
Official decides merit
Step 9: Certificate Issuance
If no objection or objections dismissed
Certificate issued
Can collect from office
Or sent by post (if opted)
Method 2: Online Application (Available in Some States)
States with Online Facility:
Karnataka: Nadakacheri portal
Tamil Nadu: TN e-Sevai
Maharashtra: Aaple Sarkar
Telangana: MeeSeva
Andhra Pradesh: AP MeeSeva
Uttar Pradesh: e-District
Delhi: e-District Delhi
Kerala: e-District Kerala
Rajasthan: Emitra
Online Process:
Step 1: Visit Portal Go to your state's e-District/Revenue portal
Step 2: Register/Login
Create account with email/mobile
Verify OTP
Login with credentials
Step 3: Select Service
Search for "Legal Heir Certificate"
Or "Succession Certificate"
Click "Apply"
Step 4: Fill Online Form
Deceased person's details
All legal heirs' details
Applicant details
Relationship proof
Address details
Step 5: Upload Documents
Scan all documents
Upload in specified format (usually PDF/JPG)
Each document size limit (usually 200KB-2MB)
Ensure clear, readable scans
Step 6: Pay Fee Online
Net banking/Credit card/Debit card/UPI
Fee varies (₹10-100)
Get payment receipt
Save transaction ID
Step 7: Submit Application
Review all details
Submit form
Get application/acknowledgment number
Save confirmation page
Step 8: Track Application
Use application number
Check status online
SMS updates sent
Email notifications
Step 9: Verification
Officials verify online
May call for physical verification
May ask to visit office once
Step 10: Download Certificate
Once approved, download PDF
Self-attested copy valid for most purposes
Original can be collected or sent by post
Processing Time:
Normal Processing: 15-30 daysWith Objections: 45-60 daysOnline Applications: 10-20 days (faster)Tatkal/Urgent: 3-7 days (extra fee)
Cost/Fees:
Application Fee:
₹10-50 (most states)
Some states: Free
Stamp Paper (for affidavit): ₹10-100
Other Costs:
Notary: ₹50-100
Photocopies: ₹20-50
Agent fee (if hired): ₹1,000-5,000
Total Cost (DIY): ₹100-500With Agent: ₹1,500-5,000
State-Specific Details:
Maharashtra:
Apply at Tehsildar office
Or online via Aaple Sarkar
Fee: ₹20
Time: 15-30 days
Karnataka:
Nadakacheri portal
Tehsildar issues
Fee: ₹25
Online tracking available
Tamil Nadu:
TN e-Sevai portal
VAO verification required
Fee: ₹20
Time: 20-30 days
Delhi:
SDM office issues
E-District Delhi portal
Fee: ₹10
Time: 15 days
Uttar Pradesh:
Tehsil/Revenue office
E-District UP portal
Fee: ₹10
Time: 20-30 days
Gujarat:
Mamlatdar office
Manual or online
Fee: Nominal
Time: 15-30 days
Uses of Legal Heir Certificate:
Financial Claims:
Life insurance claims
Bank accounts (without nomination)
Fixed deposits
Shares and securities
Pension arrears
PF/EPF withdrawal
Gratuity
Government Benefits:
Ration card transfer
Gas connection transfer
Electricity connection
Scholarship continuation
Government compensation schemes
Legal Purposes:
Court cases on behalf of deceased
Property matters (along with other documents)
Claiming compensation in accidents
Employer death benefits
Important Points:
Legal Heir Certificate vs Succession Certificate:
Legal Heir Certificate:
Issued by Revenue authorities
Identifies legal heirs
Used for government purposes
Simpler to obtain
Lower cost
Succession Certificate:
Issued by District Court
For claiming debts/securities
Has more legal weight
Complex procedure
Higher cost (court fees based on value)
For most routine purposes, Legal Heir Certificate is sufficient.
For large estates or complex situations, Succession Certificate from court may be needed.
What If Heirs Disagree?
If legal heirs have disputes:
Legal Heir Certificate won't resolve property disputes
Lists all legal heirs as per law
Individual rights determined separately
Consult lawyer for property matters
May need court intervention
Validity:
No expiry date
Valid for lifetime
Unless facts change (e.g., later heirs discovered)
Same certificate can be used multiple times
Multiple Certificates:
Can apply for multiple copies
Needed for different purposes
Usually same process
Some offices charge for additional copies
Common Reasons for Rejection:
Incomplete documents
Incorrect information
Discrepancy in records
Objection by someone
Proof of relationship insufficient
Not all heirs mentioned
Tips for Smooth Process:
✅ Apply as soon as possible after death
✅ Ensure all legal heirs are mentioned
✅ Double-check all information before submitting
✅ Keep original documents safe
✅ Follow up regularly
✅ Respond promptly to any queries
✅ Keep acknowledgment receipt safe
✅ Get multiple copies of certificate
Common Questions:
Q: Can one heir apply alone? A: Yes, but must mention all other legal heirs.
Q: What if some heirs are abroad? A: They can give power of attorney to someone in India to apply.
Q: Is Legal Heir Certificate enough for property transfer? A: Usually no. Need Will/Succession Certificate/Partition Deed as well.
Q: Can it be challenged? A: Yes, if incorrect information. Interested parties can approach court.
Q: What if there's a Will? A: Will takes precedence. Legal Heir Certificate still useful for non-will assets.
Obtaining a Legal Heir Certificate is an essential step after the loss of a family member. While the process varies slightly by state, the fundamental requirements remain similar. Apply early, keep all documentation ready, and don't hesitate to seek help from officials or legal advisors if needed. This certificate will make claiming benefits and assets much smoother during an already difficult time.
Comments