Legal Heir Certificate

Legal Heir Certificate is a document issued by Local SDM which establishes the relationship between the deceased person and his/her legal heirs.

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Our Process

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Get in touch with india for NRI, a lawyer understands the case and drafts an application

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A duly signed and verified application is made to local municipal office/Tehsil

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All necessary documents alongwith affidavit is required to be submitted

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Documents are verified by the officer

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Once satisfied Legal Heir Certificate is issued

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Generally, it takes 15-20 days to obtain the certifcate

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Legal heir Certificate

Price

Legal heir Certificate
$200

Total Value

Base Price :$0

Total Amount :$0

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

Submit Your Query

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Frequently Asked Questions

  • The following persons are considered legal heirs and can claim a Legal Heir Certificate under Indian Law:
  • Spouse of the deceased.
  • Children of the deceased (son/daughter).
  • Parents of the deceased.

  • A legal heirship certificate establishes the legitimacy of the heirs and helps to identify the rightful successors, enabling them to claim the assets/properties of the deceased person.
  • For transferring properties and assets of the demised person to his successors/legal heirs.
  • For claiming insurance.
  • For completing the process of pension of the deceased worker.
  • To receive dues such as gratuity from the government.
  • To receive earnings arrears of the deceased.
  • To get employment support through compassionate appointments.

The Legal Heir Certificate can be revoked, if an objection is raised against the grant of this document. This is why legal heirs must provide each and every factual detail and include all legal heirs when making the application.

Legal Heir Certificate holders are also liable to file income tax returns on behalf of the deceased as his representative, under Section 159 of the Income Tax (IT) Act. A legal heir has to pay the income tax on the deceased’s income from April 1 to the date of his death. However, the legal heir does not have to pay the tax from his own resources.

  • In the absence of Class I heirs, Class II heirs can claim the property.
  • Class II heirs for a Hindu man according to Hindu Succession Law:
  • Grandchildren of the deceased.
  • Great-grandchildren of the deceased.
  • Siblings of the deceased.
  • Other relatives of the deceased.

Yes, both married and unmarried daughters are considered legal heirs and have the same rights as sons.

A person holding a Legal Heir Certificate alone cannot sell the deceased’s property. However, they can proceed with the sale after obtaining written consent and a No Objection Certificate from all other legal heirs.

A father has the right to bequeath all his self-acquired property to a single child. However, when it comes to ancestral property, he cannot do so as all his children are entitled to an equal share.

The application for a death certificate can be made by the head of the household for home deaths, the medical in-charge for hospital deaths, the jail in-charge for deaths in jail, and the local police station or village headman for unattended deaths.

To get a duplicate Legal Heir Certificate, present the death certificate at the issuing authority, provide details of the deceased and the certificate’s issuance date, and pay a nominal fee.

A second wife is considered a legal heir if the marriage is legally recognized under the Hindu Marriage Act, 1955, typically after the dissolution of the first marriage or the death of the first wife. Children from both marriages are considered legal heirs.