A Detailed Discussion on Legal Heir Certificate

A legal heir certificate is an important document to claim an inheritance of property and prove the relationship between a deceased and his or her successor. It is to be obtained from an associated municipality or corporation. Also, one must obtain it when the proprietor of a property has passed without leaving behind any will.

To know about this legal heir certificate in detail, read along!

What Is a Legal Heir Certificate?

A legal heir certificate is a post-demise document enforceable under the law. It states the name of all legal heirs of a deceased and is an important document that every surviving member must obtain to stake a claim on his or her property. Therefore, it is understandable that such a certificate will require a great deal of inquiry and diligence into the matter.

What Are the Important Uses of a Legal Heir Certificate?

There are many uses of a legal heir certificate, such as:

Claim insurance
Transfer assets or belongings of the demise to his/her successor
Claim funds like gratuity or provident funds from the government
Receive a family pension facility from the employer of the deceased
Get employment through a compassionate appointment
Transfer balances, investments or deposits of the deceased

What Are the Documents Required to Get a Legal Heir Certificate in Karnataka?

The following are the documents required for a legal heir certificate in Karnataka. Make sure you furnish them at the time when applying for this certificate:

Aadhaar card
Voter ID card
Ration Card
Proof of address and birth date
Death certificate of the deceased
Affidavit or self-declaration form mentioning all surviving members
Residence certificate of the deceased

Who Can Apply for a Legal Heir Certificate?

Indian law states that only the following related persons of the deceased can apply for a legal heir certificate:

Son or daughter
Spouse
Parents

How to Get a Legal Heir Certificate Online?

If you fall under any of the above categories, you can apply online for a legal heir certificate. The procedure for applying for a legal heir certificate is as follows:

Step 1: Visit the official portal of the state you are applying for a legal heir certificate from. Refer to the below table for link reference.

Step 2: Register yourself in this portal and log in using your added credential.

Step 3: Fill in the required columns and click on the 'Submit' button.

Step 4: You will get your legal heir certificate after the officials successfully verify your application and approve your process.

Here are the names of some states and links to their respective e-service portal to apply for legal heir certificate:

State	Online Link for Application
Tamil Nadu	Tamil Nadu Service Portal [1]
West Bengal	West Bengal Service Portal [2]
Maharashtra	Maharashtra Service Portal [3]
Karnataka	Karnataka Service Portal [4]
Odisha	Odisha Service Portal [5]
Andhra Pradesh	Andhra Pradesh Service Portal [6]

[1], [2], [3], [4], [5], [6]

However, this online facility is not available in all states. As a result, you may have to apply for it in person. So, let's find out how to apply for a legal heir certificate physically.

How to Get a Legal Heir Certificate Offline?

Follow the steps mentioned below to apply for a legal heir certificate in person:

Step 1: You may first visit the Talukdar of your locality and collect the application form for a legal heir certificate.

Step 2: Fill up every detail required in the form correctly and attach all necessary documents for support.

Step 3: Next, you must affix a stamp of Rs. 2 on the form.

Step 4: Once it is done, furnish your application for a legal heir certificate to the authorised officer in the office.

Step 5: He or she may send your application to your village administrator and revenue inspector for further verification.

Step 6: If this process goes smoothly, they will issue you the certificate within 30 days after submitting your application.

What are the Documents Required to Apply for a Legal Heir Certificate?

The following are the essential documents needed for the legal heir certificate during the application process:

Duly signed and filled-up application form
Your address proof and copies of identity
Your photo
Proof of date
Death certificate of the deceased
Address proof of the deceased
Self-declaration form or affidavit

What Is the Cost of Getting a Legal Heir Certificate in India?

The cost for a legal heir certificate may vary from one state to another. However, generally speaking, this fee is nominal. You may have to pay a stamp fee of Rs. 2 and Rs. 20 for a stamp paper.

How to Download a Legal Heir Certificate Online?

After you submit your application for a legal heir certificate, the status of your application process will be visible on the associative E-District portal online. You will find it under the transaction history tab. In addition, the officials also provide an update through the SMS facility to track the status of the application.

So, once you get a notification that your certificate is ready for download, follow the process stated below to download a legal heir certificate:

Step 1: Log in to the E-District portal. You can refer to the table mentioned above to get the link for the specific state you are looking for.

Step 2: Next, download your certificate available on this portal and print it for later reference.

This is all the information one must know before applying for a legal heir certificate. It is an important document that all eligible successors must have in their possession to claim their rights over the property of a deceased. However, remember it can be revoked if someone objects to the grant that this certificate provides.

Frequently Asked Questions

✓ Can a married daughter become a legal heir of a deceased person?

After the amendment made in the Hindu Succession Act, both married and unmarried daughters possess the same right as sons. So, yes, a married daughter can become a legal heir of the deceased.

✓ Can someone having a legal heir certificate sell off the property of a deceased person?

No, having a legal heir certificate does not allow a holder to sell off the property of a deceased individual. He or she needs to possess a succession certificate for this purpose. A legal heir certificate only allows a holder to receive provident fund dues, claim investment, etc.