How can I register legal heir certificate online

479 votes

In order to obtain the assets after the sudden demise of a family member, it is important that one should obtain a legal heir certificate to establish the proof of the relationship between the deceased and the legal heir. The legal heir certificate is a verified document that assures that the holder is the only rightful successor of the ancestral property. It contains various details such as name, age, relationship with the deceased and marital status of all subsisting members of the family.
 

Who is considered a legal heir under the Indian Laws?

As per the Indian laws, persons who are considered a legal heir and can obtain the legal heir certificate are as follows:

1. Father of the deceased

2. Mother of the deceased

3. Spouse of the deceased

4. Daughter of the deceased

5. Son of the deceased

 

Why do you need a Legal Heir Certificate?

As mentioned above, the legal heir certificate establishes the proof of the relationship between the legal heir and the deceased. Thus, it is an important document to identify the rightful successor, who can have a claim over the property of the deceased. It is advisable for all the eligible successors to obtain a legal heir certificate.
Other than laying a claim over the property of the deceased, the legal heir certificate is also used for the following purposes:

1. To obtain compassionate employment after father’s death.

2. To claim insurance.

3. To claim the salary in arrears of the deceased, in case of a central or state government employee.

4. To process the family pension of the demised.

5. To obtain provident fund, gratuity, etc. of the deceased from the government.

 

Procedure for obtaining a Legal Heir Certificate in Delhi

The legal heir certificate can only be applied for by the legal heirs of the deceased and in order to obtain the same the death of the person has to be established by attaching the death certificate of the deceased. The process for obtaining the same is as follows:

Step 1: Log on to https://edistrict.delhigovt.nic.in
Step 2: Register with e-district portal by putting in your details as per your registered id.
Step 3: Once you have registered yourself or in case you were already registered with the portal you can go to the ‘Apply Online’ column at the top left corner next to the ‘Home’ column and click on ‘Apply for Services’.
Step 4: After clicking on ‘Apply for Services’, it will redirect you to a page enlisting various certificates you can apply for through the portal.
Step 5: Once redirected, search for ‘Issuance of Surviving Member Certificate’ and click on ‘Apply’.
Step 6: After clicking on ‘Apply’ a page will open wherein all your personal details will be shown as per the website registration. Check the details and click on ‘Submit’.
Step 7: Once you submit your details it will redirect you to the application form where you will be required to submit your further details necessary for the application procedure along with the requisite documents.
Step 8: Fill in the form and upload all the required documents.
Step 9: Once you have put in all the details and documents submit the same.
 
After you have submitted your form it will take around 14 days for the concerned department to process your request which is the prescribed timeline for processing the application. In the meanwhile, the applicant can log on to the e-district portal and check the status of his/her application.
 

Documents required for Legal Heir Certificate Application

Following documents are required to apply for the legal heir certificate:

1. Address proof of the applicant such as telephone bill, gas bill, bank passbook or any other valid government identity.

2. Identity proof of the applicant such as voter id, Aadhaar card, driving license, passport or any other government-issued identity.

3. Death certificate of the deceased duly issued by the municipality.

4. Proof of date of birth of the legal heir such as birth certificate, school leaving certificate, PAN card, passport, etc.

5. An undertaking in the form of an affidavit.

 

How can a lawyer help you in applying for Legal Heir Certificate?

Looking at the complexity of the procedure for making an application for a legal heir certificate, by hiring a good family lawyer one can avoid all the legal processes involved and save time for other priorities. An experienced family lawyer can make sure that the application made is ironclad and the chances of refusal stay minimal. He can also take care of all the documents required for the application procedure and owing to his/her years of experience in dealing with such issues can make sure that application is not held up due to any departmental or technical glitch.
 

What can be the repercussions of not having a Legal Heir Certificate?

As stated above, the legal heir certificate is an important document which is required for various purposes such as proving a claim over ancestral property, obtaining a compassionate appointment, etc. Therefore, not obtaining one would definitely cause an obstruction in putting forth a claim over the ancestral property or claiming your chances to obtain a job on compassionate grounds in case the deceased was into government service or claiming insurance or pension on behalf of the deceased. Also, during purchase or registration of a property, the buyer may request for a legal heir certificate to ensure the ownership of the property. In scenarios where there are more than one legal heirs for an ancestral property, it is required for all of them to sign on the deed of conveyance of property to give their approval to avoid any future litigations.

Therefore, in the absence of a legal heir certificate, the legal heirs will not have any documentary proof to prove that they are the rightful successor of the deceased and thus, it is advisable for all the heirs to obtain the legal heir certificate.

LawRato LawRato

919 votes

Hi, you can apply for legal heir or surviving member certificate through the E-district portal. There you have to upload certain documents like Death Certificate, Affidavit, Id proof are required to be submitted along with the application request. For further assistance you may contact us.

Advocate Parveen Arya LawRato

987 votes

You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.
The best approach would be to get in touch with the Taluk / Thasildhar office of your area they should be able to provide you with the certificate or in some cases you might be asked to contact a lawyer in District Civil Court to get it done. Based on the report of the Village Administrative Officer and Revenue Inspector and after due enquiry, this certificate is issued by the Concerned Authority mentioning the names of all legal heirs of the deceased.

Required documents: Death certificate, Identity Card, Ration card and Prescribed application form

LawRato LawRato