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Proof of establishing relationship with deceased person
13-Dec-2025 (In Family Law)
I need to apply for a legal heir certificate. There are 2 legal heirs to my mother-myself and my brother.
I have been asked to provide proof of relationship with the deceased person
Both of us do not have the birth certificates mentioning name of father issued by municipal Corp. Even municipal Corp told me they do not have records as the records were not digitalised during that time. Both of us were born in 1960S
Now how to prove relationship? Can we give an affidavit?
Proof of Relationship (PoR) documents are used to verify family, marital, or legal ties for government IDs, visas, or property claims. The required documents depend on the purpose and the applicable laws or local requirements.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Where birth certificates are unavailable due to non-registration (common for births in the 1960s), an affidavit alone is not sufficient for obtaining a Legal Heirship Certificate.
The correct approach is to first obtain a Non-Availability Certificate (NAC) from the Municipal Corporation/Registrar of Births stating that no birth record exists. This should be supported with alternative documents proving the deceased and heirs relationship, such as school or SSLC certificates, old ration card, Aadhaar, voter ID, passport, or service records.
Then you can execute a notarised joint affidavit by the legal heirs declaring the relationship with the deceased, after this further procedure for heirship application with the supporting documents to the authority or court for declaration of legal heirs can be obtained, which is conclusive.
Birth certificate is not mandatory if proper alternate evidence is provided.
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Adv. Pooja Yadav
Adv. Pooja Yadav
Mumbai | 25+ Answers
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Proof of establishing relationship with a deceased person (commonly required in legal, banking, insurance, pension, succession, or court matters) can be shown through the following documents, especially in India:
Primary Documents (Strong Proof)
1. Birth Certificate
Shows parent-child relationship.
2. Marriage Certificate / Nikahnama
Establishes spouse relationship.
3. Family Tree / Legal Heir Certificate
Issued by Tehsildar / Revenue Authority.
4. Succession Certificate
Issued by Civil Court (for debts, securities, bank claims).
5. Legal Heirship Certificate
For government, pension, service, and property matters.
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Hello you need to have some proof of relationship with deceased as in photograph, any communication, identification documents on the same address for which you are applying for certificate of legal heir. If you have the same then you can file heirship certificate application
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Adv. Harshad Garud
Adv. Harshad Garud
Pune | 400+ Answers
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In cases where birth certificates are not available due to non-digitisation of municipal records (especially for births in the 1960s), the relationship with the deceased can be proved through secondary and corroborative evidence. Yes, affidavits are permissible, but affidavits alone are not sufficient. Both legal heirs should file sworn affidavits declaring their relationship with the deceased, preferably supported by affidavits of close relatives or neighbours having personal knowledge. In addition, documents such as school leaving certificates, old ration cards, voter lists, Aadhaar/PAN, passport, service records, or any government document reflecting parentage can be relied upon. A Legal Heir/Survivorship Certificate issued by the Tahsildar or Revenue Authority after due enquiry is generally accepted by authorities and courts when primary records are unavailable for genuine reasons.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Pune | 700+ Answers
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Yes. Relationship can be proved by joint affidavit, school records, Aadhaar, passport, voter ID, ration card, and a “no record” certificate from the municipal corporation. Legal heir certificate can be issued on this basis.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Aakif
My unmarried uncle passed away without a will. My mother was his only sibling, but I have no old records as she married in 1947 ito prove the maternal relationship for Warisana Certificate.
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