A Legal Heir is a person who is recognized under law as someone upon whom the deceased person’s assets and duties devolve upon, in the event of an intestate death. For any claims qua assets belonging to the deceased upon any Legal Heir, it is imperative that a Certificate be obtained from the concerned authorities which conclusively establishes the relationship between the deceased and his lawful heir(s).
A Legal Heir Certificate (LHC) is a document which enlists the genuine and lawful heir(s) of a deceased person, which is essentially granted once an independent and thorough investigation has been duly conducted. In essence, it is a document which acts as a proof of relationship between the deceased and the surviving heir.
The primary benefit of obtaining a Legal Heir Certificate is to avail benefits & claims receivable in the nature of provident fund/arrears/ gratuity, among others.
Who is Eligible?
The immediate family members of the deceased person i.e. children, parents or spouse are eligible to apply for a Legal Heir Certificate. The Certificate essentially establishes & legally recognises the rightful heirs who are eligible to seek inheritance as per Succession Law & prevents any kind of fraud or unauthorized claims being made by unscrupulous parties who attempt to take advantage of the given situation.
In addition to the aforesaid, it is worthwhile to clarify that a second wife, married daughter or illegitimate child is considered as a legal heir of the deceased person & can approach the concerned authorities for obtaining the Legal Heir Certificate.
Necessity and Benefits of Obtaining A Legal Heir Certificate
The requirement of obtaining a Legal Heir Certificate arises the very instance any asset or benefit accruing from the deceased has to be claimed legally by the surviving members of the family. To claim any right over the belongings or benefits accruing from a deceased person, such as pension/insurance benefits, arrears of pay, etc. it is critical that the Legal Heir Certificate be produced.
A Legal Heir Certificate ensures and prevents fraudulent claims being made by unscrupulous persons, in place of the rightful heirs & ensures that the surviving members are correctly identified and recognised for claiming their lawful rights.
A person may claim rights such as provident fund, pension benefits, insurance claim, gratuity among others. In cases where the applicable employment policy permits, a person may also seek employment benefits such as appointment on compassionate grounds in place of the deceased.
In essence, a Legal Heir Certificate is the first document that is required in the process of taking charge of the assets of the deceased person & the consequential transfer of ownership and consequential steps towards broader asset management.
Documentational Requirements
The process of obtaining a Legal Heir Certificate requires the collation and submission of the following documents along with an appropriate application. Below is a list of documents required at the time of application:
- Address proof (Both, deceased & legal heirs)
- Identity proof (applicant)
- Death Certificate (deceased)
- Affidavit of surviving members
- Birth certificate/proof
Application Process & Authority
An application in the prescribed format along with the requisite documents is to be submitted before the revenue authorities or the municipal authorities of the concerned district as the case may be, ordinarily where the deceased person resided. By way of example, the relevant authority in Delhi would be the office of the SDM/Tehsildar of the concerned area who is the authorized office for issuance of a Legal Heir Certificate.
Upon the application being received by the Authorities along with the requisite documents & fee, the same is inspected to ensure that the information and documents provided are genuine and correct. The authority may also cause to carry a field verification by a designated officer, in the event that it is of the opinion that such verification is necessitated in the facts and circumstances of the case. Thereafter, upon its satisfaction a certificate is issued to the applicant.
It is reasonable to anticipate that the entire process of application and generation of the final certificate may take a period anywhere between 15-30 days, depending on the concerned district, the availability of documents & verification process.
Legal Heir Certificate Vis-À-Vis Succession Certificate
While a legal heir certificate can be understood to be a document which enables establishment of a relationship between the deceased person and the surviving members, it is not conclusive proof of succession under the Succession Act & it is imperative that a Succession Certificate be obtained by way of a formal court order or Letters of Administration.
A Succession Certificate is a statutory document to be obtained through an application before the concerned civil court and is obtained after a hearing is accorded to the interested parties involved by way of a public notice, whereafter, the court adjudicates the application on merits and grants the issuance of a Succession Certificate. The possession of a Succession Certificate grants formal authority to inherit & otherwise deal with the assets of the deceased person as well as liabilities, whereas the rights that accrue from possession of a legal heir certificate are limited in nature.
In essence, obtaining a Legal Heir Certificate is the first of the many steps that ought to be taken towards establishing claim, securing rights and lawful title of the assets of the deceased person by way of inheritance.
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