What Is A Legal Heir Certificate?

In simple words, a Legal Heir Certificate is a document proving that you are the legal heir to someone’s property. If a person dies intestate, ie without creating a Will, then this certificate, or a Surviving Member Certificate, are necessary to liquidate his or her estate and prove to the authorities that you are indeed the legal heir of the deceased person.

Only once this has been established will the assets of the deceased person, like property, money in bank accounts, fixed deposits, and mutual funds, be transferred.

Where To Apply For A Legal Heir Certificate

You will have to approach a Taluk’s office in your area/jurisdiction in order to obtain a Legal Heir Certificate. Besides, some states like New Delhi, also offer a chance to submit an application for a Surviving Member Certificate online (https://edistrict.delhigovt.nic.in), although you still need to visit the office once personally for document verification.

What Documents Do You Need To Submit To Get A Legal Heir Certificate

The documents required for both a Legal Heir Certificate and a Surviving Member Certificate are the same. You need to give:

• A completed application form (available at the Taluk/Tehsildar’s office or district magistrate).
• A copy of an ID proof as well as a copy of an address proof for all legal heirs. This should be self-attested by the individual who is applying on behalf of the legal heirs.
• Original death certificate of the deceased person issued by the local body.
• A copy of an ID proof and an address proof of the deceased person.
• An affidavit of undertaking by the applicant and all the surviving family members (only in case of applying for a Legal Heir Certificate).

How Long Does The Entire Process Take?

The entire process of obtaining a Legal Heir Certificate can take anywhere between one and two months. This is because once you’ve submitted your application to the Taluk/Tehsildar’s office, the concerned authority will check the application submitted, and verify it, after which they will physically visit your mentioned address for verification. You will need to have two neighbours as Witnesses, who can attest that you are the legal heir and you reside here. They will need to submit their ID and address proof documentation, too. The entire process of obtaining a Legal Heir Certificate can take anywhere between one and two months. This is because once you’ve submitted your application to the district court, a court official will physically visit your address to verify the application. You will need to have two neighbours as Witnesses, who can attest that you are the legal heir and you reside here. They will need to submit their ID and address proof documentation, too.

Once the verification is done and your document has been created, you can pick it up from the district court.

Cost Of Obtaining A Legal Heir Certificate

A Legal Heir Certificate, and a Surviving Member Certificate, are both issued for a nominal charge. You may, however, have to pay for any additional documentation you submit for obtaining them.

For a hassle-free experience when it comes to documentation like the Legal Heir Certificate, get in touch with our team today.

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