July 24, 2023 | Inheritance, Wills & EstateA Legal Heir Certificate also known as Surviving Member Certificate is issued to prove the right legal heirs left behind by the deceased person. This Certificate is generally required as proof of surviving
A Legal Heir Certificate, also known as Surviving Member Certificate, is issued to prove the right legal heirs left behind by the deceased person. This Certificate is generally required as proof of surviving members to avail benefits from various places and in government services where surviving members are preferred. A Legal Heir Certificate consists of details like name, age, relationship with the deceased and photograph of all surviving family members.
It is to be noted that a Legal Heir Certificate is not conclusive proof under the laws of Succession in India and it is different from a Succession Certificate or Letters of Administration.
Legal Heir Certificate/ Surviving Member Certificate can be obtained by approaching the concerned Taluk/ Tehsildar. For example: In Delhi, The SDM/Tehsildar of the concerned area is authorized to issue the Surviving Member Certificate.
The applicant/s have to submit an application form filled in all respects along with the prescribed fee (different for different areas) and all the necessary documents including but not limited to the death certificate, identity and address proof of the applicant/s, list of surviving members and their photographs, etc.
Affidavit from all the surviving members is also required to be submitted along with the application.
After submission of the application, if the concerned official is convinced of the genuineness of the application based on the documents already submitted with the application, Legal Heir Certificate/ Surviving Member Certificate will be granted.
However, if the competent authority is not convinced about the genuineness or authenticity of the appended documents, field verification is carried out by a designated officer. This officer submits his field verification report and thereafter the competent authority decides whether to grant the certificate or reject the application based on this field verification report.
In Delhi, applicant/s can apply for the certificate online as well. An applicant has to register first on the online portal by using his/ her Aadhar Card or Voter ID card and then the service can be availed.
Generally, it takes about 10-14 working days in the entire process.
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