A Legal Heir Certificate (also called Heirship Certificate) is a document issued by a government authority identifying the legal heirs of a deceased person. Here is everything you need to know:
1. Purpose / When Required: - Claiming bank deposits, fixed deposits, or investments of the deceased - Transferring immovable property in the name of legal heirs - Receiving pension, provident fund, gratuity of deceased employee - Filing income tax returns of deceased (as legal representative) - Claiming insurance proceeds - Transferring vehicle registration
2. Who Issues It: - Tehsildar/Revenue Divisional Officer (RDO) — for most states - Municipal Corporation / Gram Panchayat — in some states - Civil Court — if there is a dispute among heirs (Succession Certificate issued by court is stronger than administrative Legal Heir Certificate)
3. Process: - Apply to the local Tehsildar/RDO with: application form, death certificate of deceased, proof of relationship (Aadhaar, ration card, family details), affidavit on Rs. 100 stamp paper - Tehsildar verifies and issues the certificate within 15-30 days (varies by state)
4. Succession Certificate vs Legal Heir Certificate: - Legal Heir Certificate: Simpler, faster, administrative certificate — accepted for most banking/pension purposes - Succession Certificate: Issued by civil court — required for movable assets like shares, debentures, and where there is dispute among heirs. Takes 3-6 months
5. For IT Purposes: Legal heir must register on the IT portal as 'legal representative' to file ITR of deceased for the year of death.