Legal Heir Certificate: Meaning, Documents, & Steps to Apply Online

Legal Heir Certificate: Overview 

The government issues the heirship certificate to establish the relationship between the decedent and their legitimate heirs. One can use a legal heir certificate in order to identify the lawful heirs of the deceased person’s property. Moreover, a certificate from the court is required when a person passes away intestate without leaving a will or declaring a legal nominee.

Also Read: Ancestral Property: India’s Law, Rules & Rights Explained  

Legal Heir Certificate: Significance 

The legal heir certificate in Hindi is known as the "waris certificate". Below, you will find the importance of this certificate:

1. Property & Asset Distribution: The certificate is important in distributing the deceased person’s property and assets among the rightful heirs. The Waris certificate establishes rightful claimants and ensures the smooth transfer of ownership.

2. Succession Planning: If a person dies without leaving a will behind, the heirship certificate helps determine the rightful heirs according to the applicable inheritance laws. Furthermore, it avoids disputes arising from discrepancies and provides a legal framework for succession planning. 

3. Financial Planning: The legal heir certificate is needed at the time of settling financial matters, which include bank accounts, insurance claims, investments, and pension benefits. 

Documents Required For Legal Heir Certificate

Below you will find the list of documents required for a legal heir certificate: 

• Property filled out and signed application form 

• evidence of each legitimate heir's birthdate

• Copies of the applicant’s identification proof

• Copies of the applicant's address proof 

• Passport-size photos of applicants 

• List of all surviving members (if there are more than four)

• A self-undertaking affidavit

• Address proof and the death certificate of the deceased 

Steps To Apply for A Legal Heir Certificate Online

There are a few states in India that allow you to apply for a legal heir certificate online. Let's take the example of Tamil Nadu, where you can apply online. Follow the below-mentioned legal heir certificate to apply online procedure.

Step 1: Navigate to the e-Sevai website at www.tnesevai.tn.gov.in and register yourself. 

Step 2: Choose the ‘Legal Heir Certificate’ option from the list of services available. 

Step 3: Now fill out the application for a legal heir certificate and upload the documents required by the TN government. 

Step 4: Make the payment for the legal heir certificate online. Apply using a debit card, credit card, or net banking. 

Step 5: Upload the required documents and click ‘Submit'. 

NOTE: You can check the status of your legal heir certificate online. Furthermore, once the application is approved, you can download and print the legal heir certificate PDF from the portal. Or you can collect it from the concerned office. 

Also Read: Varisu Certificate in Tamil Nadu: Check Steps To Apply & Download Online 

How Is A Legal Heir Certificate Different From A Succession Certificate?

While some of you might think that a legal heir certificate and a succession certificate might be the same, in reality, they're not! They are both different documents, and one cannot substitute one for the other. Below you will find the key differences between a legal heir certificate and a succession certificate: 

• The district’s tehsildar issues the heirship certificate, and the civil court issues the succession certificate. 

• You can use a waris certificate to claim employee benefits, insurance policies, property registration, and the transfer of any shares transferred by the deceased, whereas a succession certificate is only for the transfer of power to make financial decisions and hold transactions on behalf of the deceased. 

• The succession certificate is used to resolve property disputes, whereas the legal heir certificate aids in establishing a relationship between the applicant and the deceased. 

• As per the law of succession, an heirship certificate is insufficient proof that the applicant can act as the beneficial owner of the deceased person’s property. In contrast, the succession certificates ensure that the transaction on behalf of the deceased person is legal. 

• The spouse, children, or parents can receive the legal heir certificate of the deceased person, while in a succession certificate, only the legal heir can acquire the certificate. 

• Issuing a legal heir certificate takes only 15–30 days, while a succession certificate takes around 45 days. 

• A waris certificate is considered for all properties, whereas the succession certificate is only for moveable properties. 

Conclusion 

In India, the legal heir certificate holds immense importance in inheritance, property rights, and financial settlements. This document is crucial for establishing the rightful heirs and ensuring the smooth transfer of assets. By understanding the significance, individuals can navigate the complexities of inheritance and legal matters, enabling a fair distribution of a deceased person's estate among the legal heirs.