What is a Legal Heir Certificate?

When there is a sudden demise of a family member, a legal heir certificate has to be obtained to authenticate the relationship between the heirs and the deceased. It is an important document required for claiming the deceased properties, provident fund, pension and other gratuity benefits, including benefits of central and state government departments.

In India, a legal heir certificate is helpful when the deceased had not selected a nominee. Also, banks and private companies demand legal certificates for allowing transfer of deposits, balances, investments, shares, and so on.

Who are Legal Heirs?

Under the Indian laws, the following people are considered to be the legal heirs of a person and can obtain a legal heir certificate in India:

  • Spouse
  • Son
  • Daughter
  • Mother
  • Father

What are the documents required to obtain a Legal Heir Certificate?

These are general set documents required to get a legal heir certificate, but the documents may differ from state to state:

  • Self-undertaking, i.e. an affidavit drafted and notarised.
  • Identity Proof of Applicant
  • Residence proof of all legal heirs
  • Date of birth proof of all legal heirs
  • Death certificate of the deceased employee in the original (applicable to serving employee)
  • Death certificate of the deceased direct legal heir in original (if required).
  • Residence certificate of the deceased.

The whole procedure for legal heirship certificate can take upto 30 to 45 days.

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