Legal Heir Certificate – An Overview
A Legal Heir Certificate, also known as a Waris or Survivor Certificate, is issued by local revenue authorities (Tehsildar, Mandal Officer) to establish the rightful heirs of a deceased person.
It serves as proof of relationship for claiming pensions, gratuity, provident fund, insurance, bank balances, and property transfer without a court order.
Though not governed by the Indian Succession Act directly, it is universally accepted by banks, insurers, and private entities for settlement of claims and asset distribution.
Registration Form
Let our CA-certified experts handle your business registrations , legal compliance, and tax needs — while you focus on growing your business with peace of mind.
What You Get:
- Personalized Expert Guidance
- Hassle-Free Documentation
- Fast & Transparent Process
- Dedicated Support Team
- Affordable & Flexible Plans
- Secure & Confidential Handling
- Timely Updates & Reminders
Free Consultation by Expert
Features That Empower You
We provide end-to-end solutions with expert support, ensuring your journey is seamless and stress-free.
Heir Identification
Officially lists all surviving legal heirs entitled to inherit assets.
Asset Transfer
Facilitates smooth transfer of pension, PF, gratuity, insurance and other benefits.
Widely Accepted
Recognized by banks, financial institutions, and government departments for claims settlement.
Who Needs to Register?
Property Transfer
Enables the legal transfer of movable and immovable assets to heirs.
Insurance Claims
Required by insurers to release claim amounts to family members.
Retirement Benefits
Essential for claiming provident fund, gratuity, and pension dues.
Government Services
Used for compassionate appointment and other administrative functions.
Legal Proceedings
Supports court and tribunal processes by identifying rightful heirs.
How To File It Online?
Follow this step-by-step guide to ensure your response is submitted correctly
Obtain Application Form
Collect and fill the Legal Heir Certificate form from the local revenue office or portal.
Attach Documents
Submit death certificate, address proof of deceased, ID and DOB proofs of heirs, affidavit, and filled form.
Submit & Pay Fees
File application at the Tehsildar's office with applicable state fee.
Verification
Revenue authority verifies documents and may conduct local enquiry.
Certificate Issuance
Upon approval, the Legal Heir Certificate is issued, usually within 15–30 days.
Deadlines & Penalties
Avoid late fees by submitting on time
Penalty for Late Filing
- Rejected application due to incomplete documents.
- False declarations may attract legal penalties.
- Non-payment of fees invalidates the application.
- Incorrect heir details cause processing delays.
Consequences of Non-Compliance
- Delay or denial of asset transfer and claims.
- Ineligibility for pension, PF, insurance settlement.
- Need to reapply or appeal for certificate issuance.
- Possible legal action for misrepresentation.
1Who Can Apply?
- Spouse, children, parents of the deceased
- Siblings, grandchildren, great-grandchildren (Class II heirs)
- Extended family members (if Class I heirs are unavailable)
2Governing Laws
- Indian Succession Act, 1925
- Hindu Succession Act, 1956
- Finance Act, 2023 (Section 165)
- Relevant State Revenue Rules
- Personal laws for Muslims, Christians, etc.
Key Benefits
- Establishes rightful heirs for asset claims.
- Clears legal roadblocks in pension and PF settlements.
- Simplifies bank and insurance claim processes.
- Facilitates compassionate employment benefits.
- Reduces litigation by clarifying heirship.
Pitfalls to Avoid During Filing
Common errors that can delay your submission
Missing Death Certificate
Obtain authenticated death cert.
No certificate can be issued without original death proof.
Incorrect Heir List
Verify all heir names.
Errors in heir names delay issuance.
Incomplete Affidavit
Use proper format.
Affidavit lapses if not notarized correctly.
Fee Payment Error
Confirm payment receipt.
Invalid payment cancels application session.
Wrong Application Form
Use updated state form.
Old versions may be rejected.
Delayed Verification
Provide local address proof.
Verification hinges on accurate local info.
| S. No. | Legal Heir Certificate | Succession Certificate |
|---|---|---|
| 1 | Issued by revenue authority | Issued by civil court |
| 2 | For basic benefit claims | For full estate distribution |
| 3 | Takes ~30 days | May take 4–5 months |
| 4 | Minimal formalities | Court petition required |
| 5 | No fee standardization | Court fees apply |
Streamlined Filing Process
- Application filing: Day 11
- Document verification: Days 2–152
- Inspection (if any): Days 10–203
- Certificate issuance: Day 15–304
- State fee range: ₹50–₹500 (varies)5
Why Trust DoStartup?
Professional services with guaranteed satisfaction
End-to-End Filing
Complete support from form filling to certificate download.
Document Assistance
Review and preparation of affidavits, ID proofs, and death certificate.
State-Specific Guidance
Advice on varying procedures and fees across states.
Application Tracking
Real-time updates and follow-ups with revenue authorities.
Duplicate Certificate
Assistance in obtaining replacement if original is lost.
Frequently Asked Questions
Have a look at the answers to the most asked questions