How to get legal heir certificate or surviving member certificate in case of death without will

If an individual dies intestate, i.e., without a will, then his/her legal heirs will need to get a legal heir certificate or a surviving member certificate from the authorities to prove that they are indeed the legal heirs of the deceased person. Either one of these certificates will help the legal heirs in transferring assets of the deceased person such as property, money in the bank account, fixed deposits, mutual funds etc. to their names.

Meghna Mishra, Partner, Karanjawala & Co, a law firm, says, "From a legal perspective, both legal heir certificate and surviving member certificate is same and are used for essentially the same purpose, i.e., establishing the relationship between deceased and legal heirs and for transferring the assets."

Here is how you can apply for a legal heir certificate or surviving member certificate.


Where to apply for legal heir certificate/surviving member certificate
A legal heir can apply for either one of these certificates. A legal heir certificate may be obtained from a district court, whereas an application for surviving member certificate is to be submitted at the office of the district magistrate. However, Mishra says that it is faster to obtain a surviving member certificate from the office of district magistrate than to apply for a legal heir certificate from a district court. "This is because obtaining legal heirship certificate from district court can be lengthy process as compared to getting surviving membership certificate from district magistrate office," she adds.

Some states also allow online application for surviving member certificates. For instance, in Delhi, application can be submitted via https://edistrict.delhigovt.nic.in. Do keep in mind that once online application is submitted, you will be required to visit the office of the district magistrate for verification and submission of documents physically.

What are the documents required to apply for legal heir certificate/surviving member certificate?
The documents required to apply for a legal heir certificate or surviving member certificate are the same. Along with a duly filled application form (available at district magistrate office/ Court), a legal heir is required to submit the following documents:

• Copy of ID proof such as PAN etc. and address proof such as Aadhaar etc. of all the legal heirs
• Original death certificate of the deceased person issued by local body
• Copy of ID proof and address proof of the deceased person
• In case of legal heir certificate, an individual is required to submit an affidavit of undertaking by the applicant and all the surviving family members.

The copies of ID proof and address proof submitted should be self-attested by the applicant, i.e., the person who is applying for certificate on behalf of all the legal heirs.

How long does it take for the application of legal heir certificate/surviving member certificate to be processed?
Mishra says, "Normally it takes 1-2 months to get legal heir certificate/surviving member certificate." Once the application is submitted along with the physical documents, an official from the court/ district magistrate office will visit the address of the legal heir (who has submitted the application) for verification purposes. Further, you will need two neighbours as witnesses along with their ID and address proof for verification purposes. The official may ask for copies of ID and address proofs of the witnesses. At the time of verification, the official will bring the documents you have physically submitted; so you do not need to keep any documents handy.

How can individuals obtain legal heir certificate/surviving member certificate once issued?
The certificate can be obtained from the authority where the application has been submitted or it can be downloaded from the online portal. An email/SMS may be sent to your email ID/ mobile number informing you that the certificate is ready provided the email ID/mobile number is mentioned in the application form.

What is the fee for getting legal heir certificate/surviving member certificate?
There is no fee for getting legal heir certificate/surviving member certificate. However, an applicant may have to spend money for getting documents ready such as for affidavit, getting documents notarised, if required, etc.