A legal heir certificate is a legal document issued by the government that establishes the relationship between a deceased person and their legal heirs, such as the spouse, children, and parents
. It is used primarily when a person dies without leaving a will (intestate), to identify the rightful successors who can claim the deceased's property, assets, insurance, pensions, and other dues
Key Points about Legal Heir Certificate:
- Purpose: It helps transfer ownership of the deceased’s property and assets to the legal heirs and is required to claim insurance, pension, provident fund, gratuity, and other benefits
- Issuing Authority: Typically issued by local government bodies such as the municipal corporation, revenue department, or tehsildar office, depending on the state
- Eligibility: Immediate family members like spouse, children, and parents can apply for it
- Application Process: Requires submitting an application along with the death certificate of the deceased and identity proofs of the heirs. Verification is conducted by authorities before issuing the certificate, usually within 15 to 30 days
- Validity: Once issued, the certificate is generally valid for a lifetime
- Difference from Succession Certificate: Unlike a succession certificate, which is issued by a civil court and deals with debts and securities, a legal heir certificate is used mainly for transferring immovable property and non-financial claims and is governed by state laws rather than a central act
Uses of Legal Heir Certificate:
- Transfer of immovable property ownership
- Claiming insurance policies and pension benefits
- Settling bank accounts and fixed deposits
- Receiving salary arrears, provident fund, gratuity, and other dues
- Employment claims on compassionate grounds in some cases
In summary, a legal heir certificate is an essential document for legal heirs to prove their relationship with the deceased and claim their rightful inheritance and benefits in the absence of a will
