HOW TO OBTAIN A LEGAL HEIR CERTIFICATE

Legal heir certificate is an important legal document which determines the appropriate successor for the ownership of an asset or a property on the sudden demise of the registered owner. Legal heir certificate is also called as successor certificate and brings to light the eligible owners to whom the property has to be handed over. The Tahsildar issues the legal heir certificate after conducting a proper investigation with the appropriate heirs.

During property registration, the buyer will ask for the legal heirs certificate to ascertain ownership of the property being purchased. In some cases, if there is more than one legal heir for a property, all legal heirs should sign on the deed of conveyance as there is a requirement of getting the signature from all the legal heirs. Not obtaining the consent of all legal heirs while purchasing ancestral property lead to litigations in the future.

Who is a legal heir?

A legal heir, in simple terms, is a surviving family member but under Indian laws, the following are considered to be a legal heir:

Spouse of the deceased

Daughter of the deceased

Son of the deceased

Father of the deceased

Mother of the deceased

Legal Heir Certificate can be used for,

Claims for insurance

Claims for pension, retirement schemes, etc.

Claims for any Central or State Government schemes

Get employment on the basis of compassionate appointments

Transfer of assets

Who can apply for a Legal Heir Certificate?

Any legal heir can apply for a legal heir certificate. Any interested legal heir can do so by filing an application before the Municipal Corporation or before the Tehsildar. Such an application must contain the names and details of all the legal heirs of the deceased.

Steps to get the Legal Heir Certificate:

The procedure for getting a Legal Heir Certificate can be completed in 8 simple steps however, in order to ensure proper compliance, one can approach a family lawyer for the same.

Step 1- Visit the Tehsildar or the Taluk office. You can do a quick search for the Tehsildar office online to know the location.

Step 2- Obtain the application form from the concerned Tehsildar

Step 3- Fill out the details in the application form

Step 4- Attach the documents asked for in the form. You can also access the required documents in the next section under this Article.

Step 5- Affix a stamp of Rs. 2 in the application form

Step 6- Submit the application form to the Tehsildar’s office.

Step 7- Now your application shall be verified by the Revenue Inspector and the Village Administrator Office

Step 8- Now you shall get your certificate within 30 days. In case you do not receive it, you should approach the Revenue Division Officer or the sub-collector to get the certificate.

Document required to get a Legal Heir Certificate:

As mentioned above there are certain documents that need to be attached to the application form. These are

A notarized Affidavit.

Identity Proof of the Applicant

Death Certificate of the deceased in original

Address proof of the deceased

Proof of birth and date of birth of all legal heirs

Letter from the Govt. Department of the deceased employee to obtain Legal Heir Certificate from DC office

Proof of residence of all legal heirs

Court Fee worth Rs. 1.25/

Legal heir certificate is required to perform the following purpose

To transfer the properties, dues and assets of the demised person to his heirs.

To claim the insurance of the deceased person.

To sanction and process the family pension of the deceased person or deceased employee.

To receive dues of the deceased person such as gratuity, provident fund etc from the concerned office or from the Government

To receive salary arrears of the deceased person, if the deceased person has worked as state or central Government employee.

To obtain employment of the deceased person based on compassionate appointments.

How long does it take to get a Legal Heir Certificate?

Usually, the entire process gets done within 30 days but if the certificate is not obtained after 30 days you can visit Revenue Division Officer or the sub-collector to get the certificate.

Repercussions of not having a Legal Heir Certificate

"Legal Heir is an essential document to get the retirement benefit claims, gratuity and provident fund claims along with the pension and insurance claims of the deceased. It established the authenticity of the heir and gives them the authority to inherit the assets of the deceased," says advocate Ankita Sharma

Difference between a Legal Heir Certificate and a Succession Certificate

A legal heir certificate is given to distinguish the living beneficiaries of a deceased individual but a succession certificate is given to build up the credibility of the beneficiaries and give them the power to acquire debts, assets and different resources of the deceased.

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 access the application form online?

Stepwise procedure to apply Legal Heir certificate online – e-Sevai Services for Citizen:

Use the following link https://www.tnesevai.tn.gov.in/Citizen/ to e-sevai portal where you can apply for legal heir certificate online.

Login into the website using the credentials and page prompts, then hit “login”. In case, if you are new user, then you can select “Signup here” under login to register in that site and then apply.

Please follow the instructions and fill in the details in the online application form.

Your application will be processed by the concerned department as per the procedure and how it will be processed in person to provide the certificate.

Generally, the process of obtaining a legal heir certificate takes around 30 days. 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.

Issuance of Certificates

Formal Legal Heir certificates are issued by the Tahsildar of the concerned district to accredit the actual deceased person living heirs and the succession certificates or duplicate certificates or certified copies of certificates to the deceased person legal heirs are issued by the court.

Following are the documents required to get legal heir certificate

Application form of legal heir

Death certificate of the deceased person

Identity Card of the applicant

Ration card of the applicant

Proof of residence of the deceased person. It can be any one of the following Voter ID, DL, and Bank Pass Book etc.

If Spouse applies for legal heir certificate:

Aadhaar card, Marriage Registration Certificate or Passport or Voter ID need be submitted

Birth certificate or Transfer Certificate of their kids

Self-declaration of the spouse indicating all other legal heirs which include Mother-in-law, if wife of the deceased person is the applicant

If Child applies for legal heir certificate:

Death Certificate of his/her parents

Birth certificate / Passport / Aadhaar / T.C of the applicant and aadhaar card of all other legal heirs

If the minor Child applies if parents are deceased:

Death Certificate of his/her parents

Birth certificate /Passport / Aadhaar / T.C of the applicant and Aadhaar card of all other legal heirs

Guardianship order obtained from the Hon’ble civil court as a proof for the relationship to the heirs

If Parents or sibling apply (unmarried children deceased)

Death Certificate of the Deceased person

Birth certificate / Passport / Aadhaar / T.C of the deceased person

Self-declaration of the siblings/parents

How do I register as a legal heir in income tax?

According to the Income Tax Act, 1961, the legal heir of a deceased person is required to file an income tax return of the deceased on his behalf if the latter had taxable income in the previous year. Thus, for this purpose, the legal heir of the deceased needs to register himself in the income tax department.

What are the 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

How to register as a legal heir in income tax?

STEP 1: The legal heir must be registered on the income tax e-filing portal. If you haven’t been registered you must register yourself first.

STEP 2: Once logged in, select the ‘register as the Representative’ option.

STEP 3: Select the type of Request from the drop-down menu as a New Request.

STEP 4: Select ‘register yourself on behalf of another person’ from the drop-down menu.

STEP 5: In the field of the category to register, select the ‘estate of deceased’ option.

STEP 6: After clicking on the ‘proceed’ button, you will be redirected to a new page where you have to provide details of the estates of the deceased such as the name of the estate, date of incorporation of deceased, PAN, etc. Also, the date of death of the deceased, the name of the deceased needs to be entered.

STEP 7: Select the documents to be uploaded by clicking on the choose file option.

STEP 8: After submitting all the details, click on the ‘submit’ button. The request will be forwarded to the e-filing Administrator.

The e-filing Administrator will review the request and will approve or reject the same. Also, he may approve as a temporary or permanent legal heir on the basis of the legal heir certificate uploaded by the applicant. The final status of registration will be updated through mail to the registered email ID of the applicant.

Frequently Asked Questions:

Can you apply for a legal certificate online?

One can apply for a legal heir certificate online by logging in to the E-district portal. You have to upload certain documents like the death certificate of the deceased, affidavit, ID proof, etc.

Can a daughter after marriage be a legal heir?

Yes. Daughters whether married or not will enjoy rights equal to that of the son, since 2005 as per amendment of the Succession Act.

Can a nominee be a legal heir?

The nominee will be the trustee/caretaker of the assets. No ownership rights will be given to a nominee.

Is legal heir certificate and surviving certificate the same?

Yes. A surviving certificate is given to a surviving member of the deceased and a legal heir certificate is given to the one who holds the claims of the deceased. But you can only hold ownership after you're granted the succession certificate from court.

Who is eligible for a legal heir certificate?

Any living family member or a person having blood relations with the deceased is eligible for a legal heir certificate if it is within the class specified above.

Who are the legal heirs of the deceased?

The Parents, siblings, spouse, and children of the deceased are considered to be the legal heirs.

What is the difference between a legal heir certificate and a family member certificate?

A Family Member Certificate is issued by the Village Officer stating the list of family members of the deceased. It is obtained in a short period of time but is not properly verified as the Legal Heir Certificate.

How do I verify a legal heir certificate?

The verification is done by the Tehsildar upon your application for the issuance of the Legal Heir Certificate.

Who inherits when there is no will?

In case of no will, an Intestate Succession shall be initiated.

Is a married daughter eligible for a Legal Heir Certificate?

Yes, she is. Following the amendment of 2005, now married daughters are also considered to be legal heirs.

How do I get a copy of my legal heir certificate?

You can either apply for a certificate with the revenue official (Tehsildar) or get a certified copy of the earlier certificate issued to anyone else if you know the reference details. If it has been more than 6 months from the date of death; you will have to get it through the Court of Law.