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What is a Legal Heir Certificate?


When an unexpected death of a family member happens, a legal heir certificate must be obtained to establish the relationship between the heirs and deceased for claims relating to pension, provident fund, gratuity or other service benefits of central and state government departments.

A legal heir certificate in India comes into use when the deceased had not selected a nominee. Even banks and private companies also accept these legal certificates for allowing transfer of deposits, balances, investments, shares, etc.

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 documents are 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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