Legal Heir Certificate in Delhi: Process, Fees and Online Application
A Legal Heir Certificate is a very essential document that helps to establish the rightful successor(s) to the assets and the various liabilities of a deceased person. Whether for claiming pensions, bank balances, insurance or property transfer, this certificate ensures that the legal heirs can rightfully step into the shoes of the deceased. In Delhi, obtaining a legal heir certificate involves a structured process and certain documentation. In this blog, we will cover everything you need to know about the legal heir certificate in Delhi, such as certificate fees, online process and other key aspects.
What is the Legal Heir Certificate?
A Legal Heir Certificate is a type of document which is issued by government that officially recognizes the rightful legal heirs of a deceased person. In Delhi, this certificate is officially called the "Surviving Member Certificate" and is issued by the Revenue Department through the Sub-Divisional Magistrate (SDM). This certificate is use for the purpose of:
- Transfer properties or assets.
- Claim insurance, gratuity, or pension.
- Access bank accounts of the deceased.
- Apply for government benefits or compensations.
Who Can Apply for the Legal Heir Certificate?
The following individuals are usually considered eligible to apply for a legal heir certificate:
- Spouse of the deceased
- Children (son/daughter)
- Parents
- In certain cases, siblings or grandchildren if closer Class I heirs (like spouse, children, parents) are not alive
The hierarchy may vary based on specific circumstances and legal standings. In cases of dispute, a succession certificate from the civil court might be required instead.
Documents Required for Legal Heir Certificate in Delhi
To apply for the purpose the applicant must submit the following documents for legal heir certificate:
- Application form duly filled and signed
- Death Certificate of the deceased (attested copy)
- Identity proof of the applicant (Aadhaar Card, Voter ID, PAN, etc.)
- Address proof of the applicant
- Ration card, electricity bill, or passport of the deceased (optional)
- Affidavit/self-declaration stating the relationship with the deceased
- Proof of relationship (Birth Certificate, Marriage Certificate, etc.)
- Photographs of the applicant and deceased
- Family tree declaration, often notarised or attested by a gazetted officer
- No Objection Certificate (NOC) from other heirs (if applicable)
All documents must be genuine, and any discrepancy can lead to rejection of the application.
How to Apply for the Legal Heir Certificate in Delhi
1. Offline Process
The traditional way to apply for a legal heir certificate in Delhi involves visiting the SDM office of the respective jurisdiction.
Steps:
- Collect the application form from the SDM/Tehsildar office.
- Fill out the form with all necessary details.
- Attach all required documents.
- Submit the application along with a self-attested affidavit.
- A verification process will be conducted by the local patwari or revenue officer.
- If satisfied, the SDM will issue the certificate...!
Processing Time: Usually 3โ4 weeks, depending on verification.
2. Legal Heir Certificate Online in Delhi
The Delhi Government has digitized the process of various services through its e-District portal. Citizens can now more conveniently apply for a legal heir certificate online in Delhi by following a set of rules as prescribed steps on this portal.
- Visit the Delhi e-District Portal: https://edistrict.delhigovt.nic.in
- Register/Login with your credentials.
- Choose the service: "Issuance of Surviving Member Certificate" (equivalent term used in Delhi).
- Fill in the online application form.
- Upload the necessary documents.
- Submit the form successfully and download the acknowledgment receipt.
- Application will be processed and verified.
- Once approved, the certificate can be downloaded digitally from the portal or collected physically. Average processing time online is approximately 14 days.
Legal Heir Certificate Fees in Delhi
The government charges a nominal fee for the issuance of the certificate. Here's the general fee structure:-
- Stamp Paper for Affidavit, Notarization fee and other documentation fee: โน500.
- Our professional fees(optional): โน10,000 + 18% GST.
There is no separate government fee for issuing the certificate itself...!
Time Required for Issuance
- Normal Time Frame: 3โ4 weeks
- Online Application: May take slightly less time around 14 days due to faster digital processing
Importance of Legal Heir Certificate
The legal heir certificate plays a crucial role in various legal and financial transactions:-
- Property Succession: Helps in mutation of property records and transfer of ownership.
- Bank Claims: Necessary for accessing the deceasedโs bank account or lockers.
- Pension and Retirement Benefits: Required by government and private institutions for releasing dues.
- Insurance Claims: Acts as proof for insurance companies in death benefit cases.
- Employment Benefits: Used to claim job-related compensation or gratuity.
Some difference Between Legal Heir Certificate and Succession Certificate
| Basis | Legal Heir Certificate (Surviving Member) | Succession Certificate |
| Issued By | Revenue Department (SDM) | Civil Court |
| Purpose | Identifies legal heirs | Transfer of debts and securities |
| Usage | Property, bank claims, pensions | Financial claims like securities, debts |
| Cost | Nominal (โน2 stamp paper + notary fee) | Court fee (2โ3% of asset value) |
| Time | 3โ4 weeks | 4โ6 months or more |
If disputes arise or financial institutions demand stronger proof, a succession certificate may be required.
| Read More:ย Partnership Firm Registration in India |
Points to Remember
- A legal heir certificate does not give exclusive ownership but identifies rightful successors.
- It does not override a registered Will.
- In the case of multiple legal heirs, NOC may be required from all.
- For large-value immovable properties or disputes, legal opinion or court order may be necessary.
Conclusion
A legal heir certificate in Delhi is officially known as the Surviving Member Certificateโis a vital document to establish your right to claim assets and entitlements after the death of a family member. With the advancement of digital services, one can conveniently apply for a legal heir certificate online through the Delhi government portal. While the legal heir certificate fees are minimal (mostly for affidavits), timely and proper documentation is crucial for successful issuance. If thereโs a dispute among heirs, it is advisable to get legal advice before initiating the process. In case you are seeking for processional assistance, feel free to contact CRSPL Business Consultants, they will guide you at every step.
FAQs
Q1. Can I apply for the legal heir certificate in Delhi online?
Yes, you can apply online through the Delhi Governmentโs e-District portal by registering and uploading necessary documents. The certificate is listed as "Surviving Member Certificate."
Q2. What is the required fee for obtaining a legal heir certificate in Delhi?
There is no official fee except for the โน2 non-judicial stamp paper and minor affidavit or service charges and basic documentation.
Q3. How long does it take to get the certificate?
It usually takes duration of 3 to 4 weeks, and around 14 days in the case of online, depending on the verification process and document submission.
