Although the terms legal heir certificate and Surviving Member Certificate are used synonymously, they have a slight difference. Regardless of which certificate you are applying for, the application process remains the same.
A legal heirship certificate is an essential record that attests to the connection between the deceased and their legal heirs. It is also known as a Surviving Member Certificate. To acquire the belongings of a family member who died unexpectedly, the legal heirs must get a legal heir certificate. The heirs must submit an application for this legal heirship certificate after acquiring the deceased’s death certificate from the municipality or municipal corporation in order to stake out their claim to the deceased’s property and receivables.
After getting the death certificate of a family member from the municipality, the heirs can file an application to obtain the legal heir certificate, which establishes their entitlement to the deceased’s life savings and assets.
The need for a lawyer’s professional opinion and assistance is a common prerequisite for the registration and application process for this certificate. The legal heir certificate online status is updated by the respected website in which you filled and applied the application. And the certificate is issued by the district civil court or the area tehsildar.
Every living heir’s name, date of birth, relation to the deceased, and family status are listed on the legal heirship certificate. This article explains how to apply legal heir certificate online.
What is the difference between Legal Heir Certificates and Surviving Member Certificates?
These two documents have the same function. Nonetheless, the surviving member certificate is acquired from the office of the District Magistrate, but the legal heir certificate is acquired from the district court. A bigger number of the population prefers the surviving member certificate as it can be obtained more quickly and easily.
Who is eligible to be a legal heir?
The following people are eligible to apply for the legal heir certificate and are comprehended as the legal heirs:
- the decedent’s parents
- the decedent’s siblings
- the decedent’s spouse
- The decedent’s children
Additionally, the candidate is qualified to get a Surviving Member Certificate if:
- A person who is an Indian citizen.
- An individual who resides in Delhi.
What advantages do Legal Heir Certificates or Surviving Member Certificates offer?
The following are just a few advantages of getting a legal heir certificate:
- distributes the decedent’s property and belongings to the heirs or beneficiaries
- verifies the heir’s kinship to the deceased
- makes it easier to receive obligations like financial compensation, gratuities, and provident fund
- permits accessing incentives from other government programmes and employment on a compassionate basis.
- identifies each of the deceased person’s lawful heirs.
- facilitates transferring the telephone, power, and property tax connections, and many others
- enables the funds to be transferred from a variety of accounts, including mutual funds, fixed deposits, and banks.
- allows for the claim of insurance, retirement, pension, and other service benefits.
What kinds of documents are needed to apply for the Legal Heir certificate?
To apply for the legal heir certificate, you must provide the following documentation:
- Identity documents for the applicant and all of the applicant’s living family members ( Any One is mandatory )
- Passport, driving licence, voter ID card, Aadhaar card, PAN card, and any other government-recognized document.
- Current Address Documents of Applicant ( Any One is mandatory )
- Electricity Bills, Phone Bills (Landline or Postpaid), Aadhaar Cards, Bank Passbooks, Voter ID Cards, Ration Cards, Water Bills, Gas Bills, Passports, Driving Licenses, Registered Rent Agreements, and Any Government Recognized Documents.
- Applicants’ Permanent Address Verification (Any One is mandatory)
- Water Bills, Aadhaar Cards, Electricity Bills, Driving Licenses, Phone Bills (Landline or Postpaid), Bank Passbooks, Voter ID Cards, Ration Cards, Gas Bills, Passports, Registered Rent Agreements, and Any Government Recognized Documents.
- The deceased person’s death certificate.
- If there are more than four living heirs, list them in the proper format provided by the government.
- Along with the Legal Heir certificate application form, the person must include a signed copy of the self-declaration form.
- One coloured passport-size photo in the size 2″x1.75″ or 5cm x 4.5cm of the applicant and each surviving member of the family.
- It should have a natural expression, a front view of the entire face, and open eyes on a background that is either pure white or off-white.
- It should not include shadows on the face or in the backdrop and should not feature sunglasses or caps. The head should be fully visible from the top of the hair to the shoulder.
What is the process to apply for a Legal Heir Certificate or a Surviving Member Certificate?
With all the necessary documents mentioned above, you can fill out the application form to apply for the legal heir certificate. You can either fill the application digitally by the Delhi government e-portal at https://edistrict.delhigovt.nic.in., or you can go to the district magistrate’s office.
Do take into consideration that after submitting your online application, you will need to visit the district magistrate’s office for document verification physically.
Only after getting the death certificate may the legal heirs submit an application for the legal heir certificate. The method for obtaining the document is described below in detail:
- Provide the application for the Surviving Member certificate to the relevant authorities (the district court, the municipality, or the area tehsildar office).
- Fill out the application form completely, sign it as needed, and add all the necessary information.
- Include the necessary documents that are mentioned in the application form. All of the legal heirs should self-attest documents of identification and address verification.
- Send the properly completed application form and the required paperwork to the appropriate authority.
- An officer from the court or the district magistrate will visit the legal heir’s home after the authority has verified the application. The authorities will need copies of the witnesses’ IDs and documentation of their residence, as well as confirmation from at least two neighbours.
- Obtaining the certificate of legal heirship takes about a month. The applicant does not need to pay any application fees in order to obtain the certificate.
Only after thorough verification can the legal heir certificate be given out. An email or SMS is delivered to the registered email id or mobile phone number as soon as the certificate is generated. The authority where the application was submitted will provide the applicant with the certificate.
You can get assistance from very well-experienced lawyers in the process of applying for a Legal Heir Certificate with the help of Vakilsearch.
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