Life has a way of throwing curveballs, and sometimes they come in the form of the sudden demise of a loved one. It's a time filled with grief and confusion, and to add to the complexities, there's the legal side of things to handle, especially when the family member passes away without leaving a Will. One crucial task is obtaining a legal heir certificate. While the term and the process might sound daunting, especially during a time of mourning, it's a necessary step in managing the deceased person's affairs.

Key Takeaways

• Understand the meaning of a legal heir certificate and why it's needed post the death of a loved one to transfer assets to legal heirs.
• Know the difference between a succession certificate and a legal heir certificate in terms of purpose, scope and cost.
• Get a step-by-step guide to obtaining a legal heir certificate in India.
• Find out how Yellow can help you acquire a legal heir certificate.

What's a Legal Heir Certificate?

Think of a legal heir certificate as a bridge that connects the legal heirs – be it the spouse, children, or parents – to the rights and assets of the deceased person. This document essentially serves as a recognised proof of the relationship between the deceased and their legal heirs. It becomes particularly important in cases where the deceased person has not left a Will, as it helps in the equitable distribution of the estate among all the legal heirs.

This document, issued by the government, clearly lists all the legal heirs of the deceased person. A legal heir certificate is necessary for direct legal heirs - for example, the wife, son, daughter, and parents of the deceased - to establish their relationship to the deceased and claim their right to the deceased’s assets and benefits like family pension, provident fund, or compassionate appointments. It is important to note that legal heirs are determined as per the religious personal law governing the succession of the deceased which is usually dependent on ones religion and gender.

In the absence of this certificate, tasks like accessing the deceased’s bank accounts, transferring property, claiming insurance, and even getting family pensions can become challenging, if not impossible. It's almost like a key that unlocks the door to settling the deceased's estate and ensuring that their assets are rightfully passed on.

Read more: All You Need To Know About A Legal Heir Certificate.

Why Is It So Important?

You might wonder why you can't just use other documents like a death certificate or a family tree. Well, while these documents are important, they don't serve the same legal purpose as a legal heir certificate.

Very simply, this certificate is a legal necessity for direct legal heirs and is often requested by various government and financial entities as a definitive list of the deceased’s successors. These include:

• Transferring the deceased's property to his/her heirs.
• Claiming insurance and other benefits (especially in the absence of a nominee).
• Accessing bank accounts and safe deposit lockers.
• Continuing or closing utility services like electricity and water, especially if the deceased was the registered owner.
• Handling other financial processes, including family pensions, provident fund withdrawals, and compassionate appointments if the deceased person was a government servant.

Succession Certificate vs Legal Heir Certificate

While a succession certificate is often used interchangeably with a legal heir certificate, there are certain differences between the two. We break them down for you.

The Purpose

A succession certificate is issued by a civil court. Its primary purpose is to establish the legal heirs of a deceased person and grant them the authority to inherit debts, securities, and other movable assets left behind by the deceased.

A legal heir certificate, on the other hand, is issued by the revenue authorities or local municipal bodies. It is primarily used to establish the identity of the legal heirs of a deceased person for purposes other than financial matters. This certificate in some jurisdictions, is also referred to as a family tree certificate, Inheritance Certificate, Pedghinama, Varisu certificate, etc.

Applicable Law

The Indian Succession Act, 1925, governs the issuance of succession certificates. In contrast, legal heir certificates are not governed by a specific central law like the Indian Succession Act. It falls under the jurisdiction of state-specific laws and local authorities.

Scope

A succession certificate is typically required to transfer debts or securities due, bank account balances, or other financial assets when the deceased person did not leave a valid Will (intestate).

A legal heir certificate is generally required for claiming pension, provident fund, insurance, gratuity, or any other benefits accrued to the deceased person. It can also be used for property-related matters, such as immovable property transfer or mutation.

Cost

The cost of a succession certificate is usually much more than that of a legal heir certificate. This is mainly because the fee for a succession certificate in many states is as much as 2% - 3% of the total value of the property with some states imposing a maximum cap on the court fees.

Read more about both these documents here.

The Process Of Getting A Legal Heir Certificate

Here's a step-by-step guide to procuring a legal heir certificate for a deceased person.

Step 1: Gather the Required Documents on behalf of all legal heirs

You'll need to collect several documents, including the death certificate of the deceased person, identity proof, address proof, and birth proof of all the legal heirs.

Additionally, documents like the family’s ration card, an affidavit of self undertaking, and sometimes the house tax or electricity connection bill in the name of the deceased might be required.

Step 2: Filling Out the Application Form

Head to your district civil court or the local revenue office to get the application form for the legal heirship certificate. Some state government departments may also offer the form online.

Step 3: Submitting the Application

Once you've filled out the form, submit it along with all the required documents to the concerned authority – generally, this is the revenue inspector or the district court. Don't forget to provide your mobile number for communication.

Step 4: Verification Process

After submission, the concerned authorities will verify the details. They might visit your home or contact you for further verification.

Step 5: Receiving the Certificate

Once the verification is complete, and everything checks out, the applicant receives the certificate. This process can take a few weeks, so it's important to start as soon as possible after the family expires.

What the Legal Heir Certificate May be Used For

Once obtained, the legal heir certificate can be used to transfer assets like property and bank accounts of the deceased person. It's also required for transferring utilities like the electricity connection and for the transfer of assets like vehicles where the deceased was the registered owner.

Additional Tips To Keep In Mind

When it comes to obtaining a legal heir certificate, there are some things that you must keep in mind.

Keep Multiple Copies

It's always wise to have several copies of the legal heir certificate, as different departments may require it for various purposes.

Seek Legal Advice if Needed

If you're unsure about the process or if the estate is complex, don’t hesitate to consult a lawyer.

Patience is Key

Obtaining a legal heir certificate can be a time-consuming process, so patience is crucial.

The Bottom Line: How Yellow Can Help

Losing someone is hard enough without the added stress of legal procedures. But understanding and following these steps can make the process of obtaining a legal heir certificate a lot easier, ensuring that the assets and rights of the deceased person are rightfully transferred to their heirs.

At Yellow, our experts are well-versed in all aspects related to succession including the applicable laws. We take the guesswork out of this procedure, handling all the necessary steps on your behalf, and delivering the full succession or legal heir certificate, right to your doorstep.