Legal heir certificate

What it is

A legal heir certificate is a certificate that names the legal heirs of a person who has died — the people who inherit from them under the law that applies to the family. It is issued by the state's revenue authority: usually the Tahsildar, or the taluk, tehsil or mandal office of the area where the person lived.

It is not created by a central Act. Each state issues it under its own revenue rules and procedures, so the name of the office, the form, the list of documents, the fee and the time it takes all differ from state to state. This guide explains what is common; your advocate will follow your state's procedure.

How it differs from a succession certificate. A succession certificate is granted by a civil court under Part X of the Indian Succession Act, 1925. It lists the specific debts and securities it covers (Section 374), and anyone who pays the holder in good faith is protected by law (Section 381). A legal heir certificate does not do that: it identifies the heirs, and each institution decides whether that is enough for it.

When it applies

A legal heir certificate is commonly asked for when you want to:

• claim a family pension or the dues of a government or private employee who has died;
• transfer a bank account, deposit or other claim where the institution accepts it;
• update records such as electricity, water, property-tax or revenue records in the heirs' names;
• apply for a benefit that depends on being a family member of the deceased.

Whether a particular institution accepts it, or insists on a succession certificate instead, is its decision. Ask in writing which document it needs, and keep the reply. Where you have to go to court to recover a debt owed to the deceased, a court will require a succession certificate, probate or letters of administration, not a legal heir certificate (Section 214).

Who the heirs are

The certificate records the heirs under the law of succession that applies to the deceased person.

• Hindus, Buddhists, Sikhs and Jains. The Hindu Succession Act, 1956 applies. For a man, the property goes first to the heirs in Class I of the Act's Schedule (Section 8); Section 10 shows these include his widow, sons, daughters and mother, with the family of a son or daughter who died earlier taking that child's share. For a woman, it goes first to her sons, daughters (including children of a son or daughter who died earlier) and husband (Section 15).
• Muslims. Muslim personal law decides the heirs and their shares. It differs from the rules above; your advocate will apply it.
• Others, including Christians and Parsis. The rules on intestate succession in Part V of the Indian Succession Act apply (Section 29), with a separate chapter for Parsis.

The steps and timeline

1. Gather the papers. The death certificate, proof of each heir's relationship to the deceased, and identity and address proof (see the list below).

2. Find the right office. The Tahsildar or revenue office of the area where the deceased ordinarily lived. In many states the application is made through the state's online service portal; in others, at the office in person.

3. The application. Made by one of the heirs, listing all the heirs with their relationship, age and address. Many states ask for a supporting affidavit or a declaration listing the family. Name every heir, including any you are not on good terms with — leaving one out can lead to the certificate being cancelled later.

4. The enquiry. The officer verifies the family. This may include a local enquiry by a revenue official, statements from neighbours or the village officer, or a public notice inviting objections. What is done depends on your state's procedure.

5. The certificate. If the officer is satisfied, the certificate is issued naming the legal heirs.

Timeline. It depends on your state and your office. Some states' public-service rules fix a time for issuing it; your advocate can tell you what applies where you live.

Documents needed

What your state asks for may differ, but most applications need:

• the death certificate of the deceased;
• proof of the deceased person's address at the time of death;
• identity and address proof of the applicant and of each heir;
• proof of relationship of each heir to the deceased (for example, birth certificates, a marriage certificate, school records or other official records your state accepts);
• a family list or affidavit, if your state asks for one;
• passport-size photographs, if asked for.

Typical cost

• Government fee — set by your state, if any is charged. Check your state's portal or office.
• The advocate's fee — it varies with your state's procedure, the number of heirs, and whether anyone objects. The advocate quotes their own fee before you pay anything.

There may also be stamp duty on an affidavit, at your state's rate.

What the advocate does

An independent advocate from our panel will:

• tell you whether a legal heir certificate is what the institution needs, or whether you need a succession certificate instead;
• work out who the legal heirs are under the law that applies to your family;
• prepare the application and the affidavits or declarations your state asks for;
• file it at the right office or portal, and follow it through the enquiry;
• deal with objections, and advise you if the dispute must go to a civil court.

The self-serve document that comes before it

Many states ask for an affidavit with the application — for example, one listing the family members or confirming the facts of the death. You can make a general affidavit on eMunshi for ₹499, e-stamped and e-signed, if your advocate confirms that form suits your state's office. For the whole picture after a death, read Someone died: succession certificate and legal-heir certificate.

Mistakes that sink people

• Applying for the wrong certificate. Ask the institution in writing first.
• Leaving out an heir, or listing someone who is not one.
• Mismatched names. Spellings of names that differ between the death certificate, identity cards and relationship proofs cause delays. Sort them out, or explain them in an affidavit, before you apply.
• Applying in the wrong office. It is the office of the area where the deceased lived.
• Treating the certificate as a share in property. It names the heirs; it does not divide anything.

If you would rather talk it through before deciding, a 30-minute call starts at ₹999.