HOW TO GET A LEGAL HEIR CERTIFICATE IN INDIA?

Table of Contents

Introduction

As per the Indian Constitution, in case of the death of a person, a legal document that helps ascertain who is next of kin or who is the legal heir of a person is known as a legal heir certificate It mentions details like the name, age, the relationship of the legal heirs to the deceased, and the marital status of the next of kin.

Who is a legal heir?

A legal heir, in simple terms, is a surviving family member but under Indian laws, the following are considered to be:

Spouse of the deceased
Daughter of the deceased
Son of the deceased
Father of the deceased
Mother of the deceased

Who can apply for a Legal Heir Certificate?

Any legal person can apply for a certificate. Any interested person can do so by filing an application before the Municipal Corporation or the Tehsildar. Such an application must contain the names and details of all the Persons of the deceased.

Steps to get the Heir Certificate:

Step 1- Visit the Tehsildar or the Taluk office. You can do a quick search for the Tehsildar office online to know the location.

Step 2- Obtain the application form from the concerned Tehsildar

Step 3- Fill out the details in the application form

Step 4- Attach the documents asked for in the form. You can also access the required documents in the next section under this Article.

Step 5- Affix a stamp of Rs. 2 in the application form

Step 6- Submit the application form to the Tehsildar’s office.

Step 7- Now your application shall be verified by the Revenue Inspector and the Village Administrator Office

Step 8- Now you shall get your certificate within 30 days. In case you do not receive it, you should approach the Revenue Division Officer or the sub-collector to get the certification.

Document required

A notarized Affidavit.

Identity Proof of the Applicant

Death Certificate of the deceased in original

Address proof of the deceased

Proof of birth and date of birth of all legal heirs

Letter from the Govt. Department of the deceased employee to obtain Legal Heir Certificate from DC office

Proof of residence of all legal heirs

Court Fee worth Rs. 1.25/

How long does it take to get a Certificate?

The entire process gets done within 30 days but if the certificate is not obtained after 30 days you can visit Revenue Division Officer or the sub-collector to get the certificate.

How to access the application form online?

One can also access the E-portal of the district and fill out the form along with attaching the documents specified in this article. In terms of filing the Income Tax Returns for the deceased, the following link can help in registering as the legal heir.

How do I register as a legal heir in income tax?

According to the Income Tax Act, of 1961, the legal heir of a deceased person is required to file an income tax return of the deceased on his behalf if the latter had taxable income in the previous year. Thus, for this purpose, the legal heir of the deceased needs to register himself in the income tax department.

What are the documents required for the Registration of a Legal Heir in Income Tax?

Death Certificate
PAN Card of the deceased
Self-attested PAN Card of the legal heir
Legal heir certificate
An affidavit in the presence of the Notary Public

Can a daughter after marriage be a legal heir?

Yes. Daughters whether married or not will enjoy rights equal to that of the son, since 2005 as per the amendment of the Succession Act

How to register as a legal heir in income tax?

STEP 1: The legal heir must be registered on the income tax e-filing portal. If you haven’t been registered you must register yourself first.

STEP 2: Once logged in, select the ‘register as the Representative’ option.

STEP 3: Select the type of Request from the drop-down menu as a New Request.

STEP 4: Select ‘register yourself on behalf of another person’ from the drop-down menu.

STEP 5: In the field of the category to register, select the ‘estate of deceased’ option.

STEP 6: After clicking on the ‘proceed’ button, you will be redirected to a new page where you have to provide details of the estates of the deceased such as the name of the estate, date of incorporation of deceased, PAN, etc. Also, the date of death of the deceased, and the name of the deceased need to be entered.

STEP 7: Select the documents to be uploaded by clicking on the choose file option.

STEP 8: After submitting all the details, click on the ‘submit’ button. The request will be forwarded to the e-filing Administrator.

The e-filing Administrator will review the request and will approve or reject the same. Also, he may approve as a temporary or permanent legal heir on the basis of the legal heir certificate uploaded by the applicant. The final status of registration will be updated through mail to the registered email ID of the applicant.