Learn How to get Legal Heir Certificate Online

When a person dies without a Will, or intestate in legal words, the relevant inheritance laws take place to transfer the person’s properties to the legal heirs. Legal heirs are divided into two categories: Class I heirs and Class II heirs. For example, under Hindu succession law, if a Hindu man dies without leaving a Will, his property is primarily passed on to Class I heirs (the widow, children, and mother) in equal share. If there is no Class I heirs, the property may be claimed by Class II heirs (father, grandchildren, great-grandchildren, brother, sister, and other relatives). But to transfer the property, the heir must possess a legal heir certificate. Read on to learn how to get a legal heir certificate online.

How to get a Legal Heir Certificate Online

In the event of the sudden death of a family member, a legitimate heir certificate must be issued in order to transfer the deceased’s estate to his or her legal heirs. A legal heir certificate is a vital document that establishes the bond between the deceased and his or her legal heirs. If the death certificate has been issued from the municipality/corporation, the heirs may apply for this legitimate heir certificate in order to assert their access to the deceased person’s property and dues. Typically, attorneys assist with the drafting and registration of a legitimate heir certificate.

With several personal laws and legislation in India covering the issues of marriage, divorce, and inheritance, it is critical to find a legitimate heir to determine the legal descendant of the inherited property or insurance claims. According to the Indian Constitution, in the event of a person’s death, a Legal Heir Certificate is a legal document that aids in determining who is next of kin or who is the legal heir of a person. It includes information such as the next of kin’s name, age, engagement to the deceased, and marital status.

 

Uses of legal heir certificate

A legitimate heir certificate recognises the legitimate successor, who may then assert the deceased person’s assets/ properties. To lay a claim on the deceased person’s land, all legitimate heirs must have this credential.

• For transferring properties and assets of the demised person to his successors
• For claiming insurance
• To receive dues such as provident fund, gratuity etc from the Government
• For sanctioning and processing the family pension of the deceased employee
• To receive salary arrears of the deceased, state or central Government employee
• To gain employment based on compassionate appointments

In general, when purchasing or registering a home, the buyer should seek a valid heir certificate to determine ownership. There may be multiple legal heirs for ancestral land, and in such cases, all legal heirs must sign on the deed of conveyance granting their consent to prevent any lawsuits.

Who can apply for a legal heir certificate?

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

• Spouse of the deceased
• Children of the deceased (Son/ Daughter)
• Parents of the deceased

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Steps to obtain the Legal Heir Certificate Online

• The legitimate heir of the deceased person must visit the official website and download the application form for the legal heir certificate application. This requisite application must include the names of all the legal heirs, their relationship with the deceased and addresses of the family members. This has to be filled up signed and submitted.
• All the required documents including the death certificate of the departed person should be attached to the application.
• An affidavit on stamp paper or self-declaration needs to be submitted along with the application.
• The revenue Inspector/ administrative officer conducts an inspection and completes the enquiry. Authorities after receiving the application will check the attached documents and details.
• If all are in place, they will make entries in their registry and provide you with a record number for reference.
• Tehsildar will assign the application for further processing to the Village Administrative Officer (VAO) and Mandal revenue officer (MRO) OR the authorities concerned. There will be ground-level verification and scrutiny of the documents submitted by the above authorities.
• The enquiry will take place for verification by the local revenue officers as well as village administrative officials. Generally, a statement by the administrative/gov employee who is known to the dead person and his/her family will be registered in the application form. After the verification, the officials will submit their report in the prescribed form.
• Once the verification is over, these revenue officers and village administrative officials will submit their report in due form to the Tehsildar to decide and issue the certificate to the applicant with the names of all legal heirs of the deceased.
• After the enquiry is completed successfully, the authorized officer issues the legal heir certificate. The applicant will get the certificate after due verification.

Documents required to get a legal heir certificate

• Death certificate of the deceased
• Identity proof and address proof of the applicant (legal heir)
• Written/ prescribed application form
• Proof of residence of a deceased person (voter ID/ driving licence/ bank passbook etc)

• If the spouse survives, Aadhaar, marriage registration certificate or passport or Voter ID should be submitted
• Birth certificate or Transfer certificate of all Children
• Self-declaration of the spouse indicating all other legal heirs (including mother-in-law if the wife is the applicant)

• Death certificate of the parents
• Birth certificate/ Aadhaar/ passport/ transfer certificate of the applicant and Aadhaar card of all possible heirs

• Death  certificate of the parents
• Birth certificate /Aadhaar / passport/ transfer certificate of the applicant and Aadhaar card of all possible heirs
• Guardianship order issued by the Honourable civil court to prove relationship to the heirs

• Death certificate of the deceased
• Birth certificate/ Aadhaar/ passport/ transfer certificate of the deceased
• Self-declaration of the parents/ siblings

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How long does it take to get a legal heir certificate?

The whole procedure is usually completed within 30 days, but if the certificate has not been received after 30 days, you can visit the Revenue Division Officer or the sub-collector to receive it.

Difference between a Legal Heir Certificate and a Succession Certificate

A legal heir certificate is issued to identify the living beneficiaries of a deceased person, while a succession certificate is issued to establish the beneficiaries’ legitimacy and grant them the authority to inherit the deceased’s debts, properties, and other wealth.

Basis	Legal Heir Certificate	Succession Certificate
Eligibility	Issued to the living heirs	Issued to the legal heir  to establish the title on the property
How to obtain	Through Tehsildar or Taluk Office	Through Civil Court and High Court
Time to obtain	30 days maximum	7-8 months
Relevance of the document	Helps in identifying the living heirs and getting the relevant pension or tax benefits	Helps in identifying rightful legal heirs in property transfer matters
Fees	Stamp duty of Rs. 2 and Rs. 20 on Affidavit	A certain percentage of the value of the property in question

How to register as a legal heir in income tax?

The Income Tax Act of 1961 requires the legitimate successor of a dead person to file an income tax return on his or her behalf if the deceased has taxable income in the preceding year. As a result, the legitimate successor of the deceased must register with the income tax department for this reason.

 

Documents required for the registration of a legal heir in income tax

• Death Certificate
• PAN Card of the deceased
• Self-attested PAN Card of the legal heir
• Legal heir certificate
• An affidavit in the presence of the Notary Public

Conclusion

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