Legal Heir Certificate

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A legal heir certificate is a document necessary to establish relationship between the deceased and his legal heirs. In case of demise of an individual, who dies without a will, the assets, properties, and dues of such individual are given to the next of kin. The legal heir certificate helps establish these next of kin, who are individuals with close proximate relationship with the deceased. A legal heir certificate is issued by a tehsildar and can be applied for by the son, daughter, husband, wife or parents of the dead person, as the case may be.

A legal heir certificate is also of significant importance when it comes to petitioning for succession certificate, as only the legal heirs of an individual can apply for a succession certificate.


Legal Heir certificate is issued by the Taluk/Thasildhar, the corporation/municipality office of the respective area, and the district civil court. The certificate contains names of all individual who will be entitled to rightfully establish a claim over the deceased’s property. The process of obtaining a legal heir certificate is as follows:

  1. Death Certificate: First and foremost, the death certificate of the deceased needs to be obtained. It is usually issued by the local municipality or Atal Sewa Kendra, in some states.
  2. Filing of Application: an application with the taluk or tehsildars office needs to be filed. Such application contains the names of all possible legal heirs of the deceased. It needs to be carefully filled as any misrepresentation could cause legal trouble.
  1. Affidavit:An affidavit on stamp paper or self-declaration, that the information provided, and the contentions made in the application are true
  2. Inspection by Revenue inspector/administrative officer: The Revenue inspector or any other administrative officer will conduct an inquiry into the substance of the application.
  3. Issue of Certificate: If upon the completion of such inquiry, the inspecting officer is satisfied, the legal heir certificate will be issued.

The above process usually completes within a period of 30 days.


  1. Legal heir certificate is the basis of transfer for property- movable and immovable, both.
  2. If the deceased were a government servant than it could be used to claim family pension
  3. It could be used for claiming insurance
  4. It could be used to receive dues such as provident fund, gratuity etc. from the Government


  1. Death Certificate of the deceased
  2. Identity proof of the applicant
  3. Date of Birth proof of all legal heirs
  4. Affidavit or self-declaration
  5. Address proof of the deceased

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