After the demise of a family member, the legal heir must obtain a legal heir certificate for transferring the assets of a deceased.

To establish the relationship between legal heirs and deceased legal heir certificate is a must as it helps successors to claim their right over the property and dues of the deceased person.

After obtaining a death certificate from the municipality, legal heirs must apply for a legal heir certificate.

Who are Legal Heirs?

Persons who are considered as Legal heirs and can obtain legal heir certificate are as follows- 

1. Father of the deceased person

2. Mother of the deceased person

3. Spouse of the deceased person

4. Son of the deceased person

5. Daughter of the deceased person

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Uses of Legal Heir Certificate- 

To claim on deceased person property, all eligible legal heirs must have this certificate for -

1. Claim for insurance.

2. Claims for retirement schemes.

3. Claims for government schemes.

4. Transfer of assets to successors.

5. To receive salary arrears of the deceased.

6. Get employment based on Compassionate appointments.

How Is Legal Heir Certificate Different from the Succession Certificate? 

Legal Heir certificate is used in matters such as claiming insurance, property claims, and employee benefit claims.

Under the Indian succession act, the Legal heir certificate is not conclusive proof. So a succession certificate is given to build up the credibility of the legal heirs and provide them with the power to acquire debts, assets, and different resources of the deceased.

Steps to get Legal Heir Certificate online –  

Step 1 – Log on to the e-district website. For example, the website of Delhi https://edistrict.delhigovt.nic.in.

Step 2 - Register with the e-district portal and put the details as per the registered id.

Step 3 - After registering with the portal, the next step is to go on the ‘Apply online’ column in the top left corner next to the 'Home' column and click on ‘Apply for services.'

Step 4 – After clicking on 'Apply for services,' a page will appear enlisting various certificates.

Step 5 – After it searches for ‘Issuance of Surviving Member Certificate' or ‘Legal Heir Certificate' and click on ‘Apply.’

Step 6 – After clicking on ‘Apply,’ a page will open wherein all your details will be shown as per the website registration. Check the details that appeared and click on ‘Submit.’

Step 7 – Application form will appear in which Legal heir applying for a certificate has to submit further details along with the requisite documents.

Details required to fill in the application form- 

1. Applicant’s details

2. Applicant’s address

3. Details of the deceased.

4. Address of the deceased

5. Details of the directly related legal heir.

6. Details of the indirectly related legal heir.

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Documents required- 

1. Identify proof of the applicant, such as Aadhar card, voter ID, driving license, or any other government-issued identity.

2. Residence proofs of all legal heirs such as telephone bills, passbook, or any other valid government identity.

3. Death of birth proofs of all legal heirs such as birth certificate, PAN card, school leaving certificate, etc.

4. Death certificate of the deceased.

5. Death certificate of the deceased direct legal heir in original ( if required) 

6. Residence certificate of the deceased.

7. An undertaking in the form of an affidavit.

Step 8 – Fill in the form and upload all the required documents on the portal.

Step 9 – submit the application form. 

After submission of the form, it will take around 14 days for the concerned department to process the request, which is the prescribed timeline for processing the application.

In the meanwhile, the applicant can log in to the e- district portal to check the status of the application.

Some Important Points –

1. Daughter whether married or not can also obtain a legal heir certificate as per the Hindu Succession Act, 2005.

2. Legal heir certificate cannot be issued to the nominee as he/she is considered as a trustee.

Difficulties of not Having the Legal Heir Certificate- 

1. Obstruction in putting a claim for the ancestral property.

2. Obstruction in obtaining a job on compassionate grounds in case the deceased was in government service.

3. Difficulty in claiming insurance or pension.

4. Difficulty in registration of the property.

5. Act as documentary proof to prove that they are the rightful successors of the deceased.

Conclusion- 

A Legal Heir Certificate establishes a relationship of the heirs to the deceased person for claims. Claims relating to shares, securities, debts, etc. are generally accepted by the banks and companies if the certificate is provided. A Legal Heir Certificate can be issued and relied upon for only limited purposes. Legal Heir certificate is not definite when it comes to defining the legitimate class of heirs of a deceased person under the laws of succession. Still, in some cases, it is preferred over a succession certificate because family members can obtain a legal heir certificate with much affluence and speed.

For more help on heir certificate or it's registration related problems contact us at hello@legalsections.com.