Civil LawLegal Documents and Contracts

Legal Heir Certificate

When there has been a sudden demise of a family member, a Legal Heir Certificate has to be obtained to authenticate the relationship between the heir and the deceased. It is an important document required for claiming the deceased person’s properties, provident fund, pension and other gratuity benefits, including benefits of central and state government departments.

In India, a Legal Heir Certificate is helpful when the deceased had not selected a nominee. Also, banks and private companies demand legal certificates to transfer deposits, balances, investments, shares, and so on.

Benefits of Legal Heir Certificate

  • If the deceased leaves his/her successors without a will the property of the deceased will be partitioned between his/her successors in accordance with the Legal Heir certificate.
  • As per the latest amendment to the Registration Act, the Legal Heir certificate has to be attached to the sale deed.
  • To claim the deceased person’s insurance policy benefit.
  • To inherit the bank balance of the deceased.
  • To claim the P.F, Gratuity and other employee benefits of the deceased.

Checklist For A Legal Heir Certificate:

  • The person applying for a Legal Heir certificate should a Legal Heir as prescribed by law.
  • The death certificate of the deceased person has to be obtained by the applicant.
  • Court fee stamps of Rs. 2 have to be affixed.
  • The revenue officer can not issue a Legal Heir Certificate under the existence of any dispute of heirship.
  • An original death certificate has to be produced.
  • Application form as in the prescribed format (Tamil Nadu REV 114).
  • Self-declaration affidavit in Rs. 20 non-judicial stamp paper.

Who are Legal Heirs?

Under the laws of India, the following people are considered to be the Legal Heirs of a person and can obtain a Legal Heir Certificate in India:

  • Spouse
  • Son
  • Daughter
  • Mother
  • Father

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