In case of the sudden demise of a family member, a legal heir certificate must be obtained to transfer the deceased’s assets to their legal heir/s. A legal heir certificate is an important document to establish the relationship between the deceased and their legal heir/s. Once the death certificate is obtained from the municipality/corporation, the successors can apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. Usually, lawyers help draft and register a legal heir certificate.
Legal Heir Certificate – Sample format
Uses of a Legal Heir Certificate
A legal heir certificate identifies the rightful successor, who then can claim the assets/properties of the deceased person. All eligible successors must possess this certificate to lay a claim over the deceased person’s property.
A legal heir certificate is required for the following purpose:
- For transferring properties and assets of the demised person to his successors.
- For claiming insurance.
- For sanctioning and processing the family pension of the deceased employee.
- To receive dues such as provident fund, gratuity, etc. from the government
- To receive salary arrears of the deceased, state or Central government employee.
- To gain employment based on compassionate appointments.
Generally, for any property purchase or registration, the buyer should request a legal heir certificate to ascertain the ownership of the property. There can be instances where there are several legal heirs for an ancestral property. In such cases, it is required that all legal heirs sign the deed of conveyance, giving their approval to avoid any litigations.
Who Can Apply For a Legal Heir Certificate
The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:
- Spouse of the deceased.
- Children of the deceased (son/ daughter).
- Parents of the deceased.
Procedure to Obtain a Legal Heir Certificate
A legal heir certificate can be obtained by approaching the area/taluk Thasildhar or from the corporation/municipality office of the respective area and the district civil court. This certificate names all legal heirs of the deceased person and is issued only after a proper enquiry. The process of obtaining a legal heir certificate is stated below:
- The legitimate heir of the deceased person must approach the district court in the respective area and ask for the legal heir certificate application. The applicant must fill out the application and submit the signed application to the concerned authority. This application contains the names of all the legal heirs, their relationship with the deceased, and the family members’ addresses.
- All the required documents, including the departed person’s death certificate, should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
- An affidavit on stamp paper or self-declaration must be submitted along with the application.
- The revenue inspector/administrative officer conducts an inspection and completes the enquiry.
- Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate.
The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should approach the Revenue Division Officer (RDO)/sub-collector.
Documents Required For Obtaining a Legal Heir Certificate
To obtain a legal heir certificate, the following is the list of documents required:
- Signed application form.
- Identity/address proof of the applicant.
- Death certificate of the deceased.
- Date of birth proof of all legal heirs.
- A self-undertaking affidavit.
- Address proof of the deceased.
- Identity proof of applicant can be voter’s ID, Aadhaar Card, driving license, passport or any other government-issued identity card.
- Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the legal heir.
- Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, PAN card, passport, etc.
Difference Between a Legal Heir Certificate and Succession Certificate
If the deceased person is a government servant, then the legal heir certificate is issued for approval of family pension or to get appointments on concerned grounds. A legal heir certificate is also provided to transfer property- movable and immovable assets.
- A succession certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.
- Tahsildar of the district issues legal heir certificates to identify a particular deceased person living heirs, and the court issues succession certificates to the legal heirs of a deceased person.
- For the succession certificate, 3% of the total value of the property will be charged. To issue a legal heir certificate, Rs.2 for a stamp and Rs.20 for stamp paper for the affidavit will be required.
- Legal heir certificate and succession certificate are entirely different. If the head or a family member passes away, the next direct legal heir of the deceased such as wife/husband/son/daughter/mother can apply for the Succession Certificate. This certificate can transfer electricity connection, telephone connection/patta transfer, house tax, bank account, filing of IT returns, etc.
How To Add a Legal Heir to File ITRs?
On behalf of the deceased proprietor, their legal heir/s must file an ITR and pay the computed income tax. The following are the steps to take:
- Go to the income tax e-filing website.
- Log in with your account information if you are a registered user. If not, choose the ‘Register Yourself’ option to establish a new account. Complete the registration procedure by providing all required information.
- After successfully logging in and registering as a representative, go to’ My Account’.
- Under the request type option, select a new request from the drop-down box.
- Select register yourself from the drop-down box in the add/register as a representative section on behalf of another individual.
- Select the deceased’s estate from the drop-down box in the category to register section.
- You will be routed to an external page if you select the proceed option.
- Provide all relevant information, such as the deceased’s PAN, the name of the estate, and the deceased’s date of incorporation.
- Make a zip file with documents such as a self-attested copy of the legal heir’s PAN card, the deceased person’s PAN card, a copy of the death certificate, the legal heir certificate, or an affidavit in the presence of a Notary Public.
- After uploading your papers, click the submit button to send your request to the e-Filing Administrator.
Frequently Asked Questions
Can I apply for a legal heir certificate online?
Yes. You can apply for a legal heir certificate online. You can fill out the form for obtaining a legal heir certificate on the e-portal of your respective district and attach the required documents. You must pay the fees online while submitting the form. The certificate can be downloaded from the e-portal when it is ready.
How many days are required to get a legal heir certificate?
It may take around 15 days to 30 days to get a legal heir certificate.
Is a married daughter a legal heir?
Yes. Married and unmarried daughters are also legal heirs and have the same rights as that of the son since 2005 after the amendment of the Hindu Succession Act. Thus, married daughters are legal heirs of the deceased person.
Who is a legal heir when the deceased person does not have children, a spouse or parents?
The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the deceased’s grandchildren will be the legal heirs. If there are no grandchildren, then the brothers and sisters of the deceased person will be the legal heirs who can obtain the legal heir certificate.
Who can apply for a death certificate?
A death can be disclosed and recorded by the head of the household if it occurs in residence; by the medical in-charge if it occurs in a hospital; by the jail in-charge if it occurs in jail; and by the village headman or the in-charge of the local police station if the body is discovered deserted in that area.
I lost my legal heir certificate. How can I get a copy?
Make sure you have a death certificate. Go to the authority that issued the certificate, give them details of the deceased, the date of issuing the legal heir certificate, and they will provide a duplicate certificate. A minimum fee will be applicable.
Is a second wife a legal heir?
Yes. If the second wife is legally married under the Hindu Marriage Act, 1955, she is considered the deceased’s wife and legal heir. The second wife is legally married when the first marriage is dissolved through an order of divorce, or the first wife is dead. However, the children from the first wife will also be considered legal heirs of the deceased, along with the children of the second wife.
Are illegitimate children legal heirs?
Yes. Illegitimate children are the children born to a man and a woman who are not married or born out of wedlock. However, illegitimate children are entitled to all the deceased parent’s property rights and thus are legal heirs of the deceased person.
Can a person having the legal heir certificate sell the deceased person’s property?
No. The legal heir certificate only entitles the holder of the certificate the right to claim insurance, receive dues such as provident fund, gratuity, etc. and arrears from the government. A person having the succession certificate can sell the property of the deceased. However, the person having the legal heir certificate can sell the deceased person’s property after taking the written consent and NOC (No Objection Certificate) from all the other legal heirs of the deceased.
Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
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Go to the Tamil Nadu district Department login page and enter the application/acknowledgement number in the top right corner. Users can also log in to the e-Sevai portal and select the legal heir certificate.How do I write a self declaration for legal heir certificate? ›
That after death of our father and mother, we and our two brothers namely ____________________ and __________________ became the only legal heirs of our father and mother's immovable property having ________ th share therein in accordance with the provisions of Hindu succession Act 1956.What is alternative for legal heir certificate? ›
A number of other documents such as legal heirship certificate, nominations and death certificate may be procured, as an alternative to a succession certificate, for the purpose of establishing an inheritance or aiding in the transfer of assets from the deceased.How can I check my legal heir certificate status in Tamil Nadu? ›
Log in to the Tamil Nadu Government's registered e-service portal. Then, on the left-hand side, select Services and then Legal heir. You will be redirected to a new webpage after a pop-up window appears. There, you can see the current status of your legal heir certificate by clicking the “Check Status” button.What is self declaration format? ›
A self-declaration form is a formal statement made by an individual that asserts the authenticity of the information provided by the said individual. In other words, it is a legal document that confirms that all the information a person provided is authentic and accurate.How do I download a self declaration? ›
- Step 2: Choose the state you want to apply from.
- Step 3: Click on 'Others' tab present at the top-right of the page.
- Step 4: From the drop-down menu, select the 'Print Application Form' option.
- Step 5: Fill the 'Application number' and 'Date of Birth'.
- Step 6: Download 'Form1'.
The applicant can apply for a legal heir certificate by remitting a fee of Rs. 15. The legal heir certificate will be issued within 7 working days from the date of application.Who are legal heirs of deceased? ›
There are two types of legal heirs such as class-I and class II. Immediate family members like his son, wife, daughter and mother can claim his property after his death under the Class-I of Hindu Succession Act. The property of an intestate male will be distributed equally among his family members.Is nominee a legal heir? ›
A legal heir is a person who is entitled to inherit the person's money under the terms of a signed will. A nominee is just a caretaker and does not own the amount in the fixed deposit. The legal heir is authorised to get ownership of the FD account funds.What is the purpose of legal heir certificate? ›
A legal heir certificate is a document that authentically proves a deceased person's relationship with the other family members. After the death of a family member, their legal heirs need to have a legal heir certificate. It establishes their right to transfer the assets or property of the deceased family member.
In the case of a family member dying unexpectedly, a legal heir certificate must be acquired in order to transfer the deceased's assets to their heir. A legal heir certificate is an essential document that establishes the deceased's relationship with their legal heir.Is daughter in law a legal heir? ›
Daughters-in-law do not have right over the self-acquired property of her in-laws. She acquires right over in-laws property only through the share of her husband in the same.What is difference between succession certificate and legal heir certificate? ›
9) Importance: The Succession Certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of deceased. The Legal Heir Certificate is used for gratuity, pension, insurance, PF, retirement claims etc.How do I log into legal heir? ›
- Go to the 'My Account' menu located at upper-left side of the page > Click 'Register as Representative'
- Select the 'Request Type' as 'New Request' and Select the 'Category to Register' as 'Deceased (Legal Heir)' > Click 'Proceed' ...
- Click 'Submit'.
Log in to the registered e-service portal of the Tamil Nadu Government. Then, click on Services on the left-hand side and click on Legal heir. A pop-up window will appear, and you will be redirected to a new webpage. There, you can click on the “Check Status” button to view the current legal heir certificate status.How do I verify a certificate? ›
To check an SSL certificate on any website, all you need to do is follow two simple steps. First, check if the URL of the website begins with HTTPS, where S indicates it has an SSL certificate. Second, click on the padlock icon on the address bar to check all the detailed information related to the certificate.How long does it take to get a legal heir certificate in India? ›
Mishra says, "Normally it takes 1-2 months to get legal heir certificate/surviving member certificate." Once the application is submitted along with the physical documents, an official from the court/ district magistrate office will visit the address of the legal heir (who has submitted the application) for ...Who are the legal heirs of Father? ›
The Hindu Succession Act of 1956 specifies, Children being offspring of their parents, have the right to inherit their deceased parents' property. Therefore, children fall in the category of class-I legal heirs.How can I make correction in legal heir certificate in Tamil Nadu? ›
The applicant must go to the local Taluk or Tahsildar Office. The application form is available at the Taluk office for Rs. 60 or can be downloaded online. After completing the form, the applicant must submit it to the Taluk office.Can self declaration form be handwritten? ›
Can Self-Declaration form be Handwritten? Candidates filling the IBPS Clerk application form are required to write a declaration in their own handwriting which needs to be in the file size of 50 to 100 kbs and dimensions should be 800 x 400 pixels.
declaration should date and sign at the signature line and write the place where s/he signed the statement. Declarations do not have to be notarized. The witness is swearing the statements are true under the penalty of perjury.What is an example of declaration? ›
Examples of declaration in a Sentence
The government has made a declaration of war on its enemies. The case was ended by declaration of a mistrial. You will need to make a declaration of your income.
- There will be a separate link to upload the handwritten declaration which is different from that of the application form. ...
- Click on the link.
- Browse your computer or device to locate where you saved the file of your handwritten declaration.
- Click on the file to select it.
AFFIDAVIT FOR SELF DECLARATION BY THE OWNER TO PROOF OWNERSHIP OF LAND WITH BUILDING AND RENEW OR EXECUTE LEASE AND SALE DEED. Before the Ld.What is upload self declaration? ›
What is upload self declaration? It is a Self Declaration Portal for International arriving passengers. Launched in August 2020, it promotes contactless self-declaration to ease the process for international travelers arriving in India. “In today's time, this helps the state officials in contact tracing.Who is the legal heir after death of a married man? ›
As per Hindu Succession Act, the immediate legal heirs of husband (Hindu male) will include husband's son, daughter, mother, children of pre-deceased sons and daughters, widow of pre-deceased son etc.How long is a will valid after death India? ›
Once the contents of the will are carried out the will is considered to be executed. There are no specific laws regarding longevity/ period of time for the will in Indian law. Once the period of 12 years is passed, the will is said to be Permanent.How do you fill proof of surviving legal heirs? ›
Give the names and addresses of the Surviving Heirs of deceased as of the date of his/her death in the following order; (If any of them are under age of majority or legally incompetent, state also the names of their guardian, if they are under guardianship) (a) Widow/Widower ...Who is legal heir after father death? ›
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.Who is first legal heir? ›
Class 1 Heirs
Widow. Mother. Son of a pre-deceased son. Daughter of a pre-deceased son.
Thus if a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per order of preference.Can an heir be a wife? ›
Heirs who inherit property are typically children, descendants, or other close relatives of the decedent. Spouses typically are not legally considered to be heirs, as they are instead entitled to properties via marital or community property laws.Is wife a legal heir? ›
Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.Who are primary heirs? ›
Among the three heirs sharers are the primary heir. Father, mother, daughter, husband, wife are the main sharers who cannot be deported in any circumstances.What is legal heir in law? ›
According to India laws, a person who is determined to succeed to the estate of an ancestor who has died without making a will or mentioning a legal heir. Therefore a legal heir is an individual who takes the place of the property of his/her ancestor, either by law or by a will.What is difference between legal heir and legal representative? ›
''A 'legal representative' may also include any person who intermeddles with the estate of the deceased. Such a person does not necessarily have to be a legal heir. Legal heirs are the persons who are entitled to inherit the surviving estate of the deceased. A legal heir may also be a legal representative.What is a compulsory heir? ›
Compulsory Heirs might also be referred to as the Legal Heirs. Compulsory Heirs are the Legal Heirs of the deceased and are mandatory heirs under Inheritance Law Philippines. Compulsory Heirs are the Legal Heirs of the Deceased. It is a complex area of law and this article acts only as a guide.What are the types of heirship? ›
- Sole heir. You can leave all your property to one person. ...
- Minor child. In their will, parents can name a tutor for their minor child if both of them die before the child reaches the age of majority. ...
- Groups of heirs. ...
- Spouse. ...
- Former spouse.
The married daughter is the legal heir of her deceased mother, and subsequently, she has the right to claim her share in her mother's property. Her mother's share in the ancestral property shall become her mother's self-acquired property if she had died intestate; her legal heirs are entitled to a share as a right.Who are the legal heirs of ancestral property? ›
Property inherited by a male Hindu from his father, father's father, or father's father's father, is ancestral property. The children, grandchildren and great-grandchildren of the person inheriting such property acquire an interest in it by birth.
As per Section 8 of the Act, brother is a Class II heir, and he gets the share in deceased brother's property if no one is present in Class I heir and father is not alive.Who are the legal compulsory heirs? ›
But simplistically, the compulsory heirs are s follows: the children (legitimate, illegitimate, or aadopted) and descendants, parents and ascendants and. the surviving spouse.Is sister in law a legal heir? ›
Answers (2) If your brother has a share in the property, after his demise your sister in law and his son has equal rights. Family whether it is single or joint, if it is acquired as a legal heir then in that case his legal heir has also share.Is legal heir certificate and family tree same? ›
How is legal heir certificate differs from Family Tree Certificate. legal heir is only the wife and the kids , family tree includes all the members of the entire family. Family tree may include lots of members but legal heirs are the only who can get a share in the deceased property.How do I write a self declaration for legal heir certificate? ›
That after death of our father and mother, we and our two brothers namely ____________________ and __________________ became the only legal heirs of our father and mother's immovable property having ________ th share therein in accordance with the provisions of Hindu succession Act 1956.What are sole heirs? ›
The term "sole heir" refers to someone who is entitled to inherit a deceased person's entire estate, according to the laws of intestacy in the state where the deceased person lived or owned property at the time of death.› advice › difference-legal-heir-ce... ›
Difference between legal heir certificate & succession certificate
How to identify a legal heir in India
DIFFERENCE BETWEEN LEGAL HEIR CERTIFICATE AND ...
Generally, the process of obtaining a legal heir certificate takes around 30 days from government department. And if you face any unnecessary delay in obtaining this certificate or if the concerned officials fail to respond, then you can approach the Revenue Division Officer (RDO)/sub-collector for further proceedings.How can I download death certificate in Tamil Nadu? ›
Download Death certificate in Tamil Nadu, you need to Tamil Nadu Chennai Corporation official website : http://gccapp.chennaicorporation.gov.in/birth_death_tn/. and select menu to Download Certificate to Death certificate option.How do I login as a legal heir? ›
- Go to the 'My Account' menu located at upper-left side of the page > Click 'Register as Representative'
- Select the 'Request Type' as 'New Request' and Select the 'Category to Register' as 'Deceased (Legal Heir)' > Click 'Proceed' ...
- Click 'Submit'.
Apply online for certified copies of your documents, this facility is provided by the Registration Department of Tamil Nadu. You can search the document that you are looking for and also apply for getting a copy. Users need to provide their name, address, and address of delivery of document etc.How long does it take to get a legal heir certificate in India? ›
Mishra says, "Normally it takes 1-2 months to get legal heir certificate/surviving member certificate." Once the application is submitted along with the physical documents, an official from the court/ district magistrate office will visit the address of the legal heir (who has submitted the application) for ...Is legal heir certificate valid in India? ›
The Legal Heir Certificate is used for gratuity, pension, insurance, PF, retirement claims etc. Succession Certificate is a certificate granted by the Courts in India to the legal heirs of a person dying intestate leaving debts and securities.What is the difference between heirship certificate and succession certificate? ›
A legal heir certificate is necessary for the transfer of property or entitlement to benefits titled to the decedent. In contrast, the succession certificate is valid for the permitted successors claiming the deceased's movable and immovable property.How do I download a copy of a certificate? ›
- Step 1: Open the Website You Want to Download the Certificate From. Tip Question Comment.
- Step 2: Click the Secure Icon Next to the URL. Tip Question Comment.
- Step 3: Click on "Certificate" ...
- Step 4: Select "Details" and "Copy to File..." ...
- Step 5: Save Your Certificate File.
- Step 1: Visit the website of e-nagarsewaup.
- Step 2: Click on Death Certificate.
- Step 3: Click on Download/ Search Death Certificate.
- Step 4: Fill Required information.
- Search by Acknowledgement No.
- Search by Reg. No.
Anyone want to Download death certificate in Chennai then first Go to Chennai Corporation official website : chennaicorporation.gov.in/gcc/online-services/. and select Birth and Death Certificate option. Now open form and enter your details, after correct details enter you will click on submit button.Who is immediate legal heir? ›
There are two types of legal heirs such as class-I and class II. Immediate family members like his son, wife, daughter and mother can claim his property after his death under the Class-I of Hindu Succession Act. The property of an intestate male will be distributed equally among his family members.Who is the main legal heir of a deceased? ›
Class-I heirs of the deceased would be the widow, his son, his daughter, his mother, the son of a predeceased son, the daughter of predeceased son, the widow of the predeceased son, the son of a predeceased daughter, the daughter of predeceased daughter, the son of predeceased son of predeceased son, the daughter of ...Is a legal heir a legal representative? ›
Legal heirs are the persons who are entitled to inherit the surviving estate of the deceased. A legal heir may also be a legal representative.
- Click on "Inspectorate General of Registration"
- Click on “IGR-404 CC Download”
It is important to understand that a copy of a Will is not an acceptable alternative from a probate perspective. As such, every effort will need to be made to locate it. Ask yourself who had the responsibility for storing it?How can I download land documents online in Tamil Nadu? ›
- Organisation Name : Revenue Administration.
- Category : Government To Citizen.
- Service Title : View A - Register Copy.
- Description : A provision to view the A - Register copy online (Land records)
- Url : http://eservices.tn.gov.in/eservicesnew/land/areg.html? lan=en.