Who issues legal heir certificate?

When a property owner dies, it is very confusing to decide who will be the owner of the property next. This is an extremely controversial topic and we at times get confused regarding the rules and regulations of the property. Well, no worries I will share with you the process of obtaining a legal heir certificate and who issues legal heir certificate which will help you clear your doubt regarding this matter.

Who can issue legal heir certificate?

The legal heir certificate is required when the owner of the property passes away without executing a will. The legal heir certificate is an important document that has a record of the relationship between the deceased and the heirs. Once the municipality/ corporation issues the death certificate, the successors need to apply for the legal heir certificate to claim their rights on the deceased person's property.

Who can apply for legal heir certificate?

• The widow of the deceased.

• Son/ daughter of the deceased.

• Parents of the deceased.

If the will is not executed the property should be equally divided among the legal heirs.

The legal heir certificate is required for transferring property assets, claiming insurance, sanctioning the family pensions, and receiving the dues including provident fund, gratuity, to get employment depending on compassionate appointments, etc.

Who will issue legal heir certificate?

Government bodies such as the Taluk/ Tehsildar or corporation/ municipality office issue the legal heir certificate. You can also approach the Revenue Division Office (RDO)/ sub-collector office if there is a delay.

The legal heir needs to visit the nearest government body which issues a legal heir certificate and fill up the application form and submit the documents required for obtaining the legal heir certificate. You must submit an affidavit on stamp paper or self-declaration form with the application. After the verification of the documents, you will receive the legal heir certificate. The process to obtain a legal heir certificate generally takes 30 days.

Documents required to obtain the legal heir certificate:

• 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

We should remember that the legal heir certificate and succession certificate are two different kinds of certificate. You need to obtain the succession certificate from the civic body to transfer the property from the deceased owner. The succession certificate is required to pay the loans by the legal heirs that were borrowed by the deceased.

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