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Legal Heir Certificate is usually needed for the heirs of a serving or retired employee, who died. If a pensioner dies, family pension benefits will go to legal heirs. Usually any dues to a person from government or local bodies will be paid to legal heirs on death of the person. Such benefits to legal heirs may be pension, gratuity, provident fund, employment in certain cases etc.
Legal Heir Certificate is not valid for property transfer in case of death of person intestate (without a valid will), transactions with banks and financial institutions, court litigation etc. In such cases, usually Succession Certificate is issued by a civil court on application, is necessary. While dealing with banks, insurance companies and financial institutions, if a person (usually a member of the family) is nominated in advance, then Succession Certificate is not required upon death of the person. Therefore, it is wise to take this precaution of nominating someone.
Legal Heir Certificate usually mentions the names, ages, relationship with the deceased and martial status of all surviving family members. For obtaining Legal Heir Certificate, a death certificate showing proof of death is necessary. This death certificate is issued by the Municipality / Corporation / Major Panchayat /RO of Mandal where death occurred. For details, clik here.
How to obtain Legal Heir Certificate?
MRO is the competent authority to issue the certificate. You must make an application to the MRO in the prescribed form (application form). You must fill out the form accurately and completely. You must affix a court fee stamp of Rs.2/- to the application form. (SCs and STs are exempted).
The following documents must be enclosed with the application form.
Death certificate as proof of death of the person whose family members seek the Legal Heir Certificate (please see page 168 for details)
Pension payment slip of the deceased in case of a pensioner (issued by the office of Accountant General).
Service certificate of the deceased in case of serving employee (issued by the head of office / department).
No specific time limit is prescribed for the issue of certificate. A week is a reasonable time in most cases. Where there is a dispute or a rival claim, it may take longer. Usually rival claims arise in cases of bigamy.
Your application will be verified by the local revenue officials. Usually a statement by a government employee known to the deceased person and his/her family will be recorded in the prescribed form (application form). The revenue official verifying facts will give his report in the prescribed form. (application form). Please cooperate fully with the officials during verification and enquiry.
If the certificate is not issued within a reasonable time, you may remind the MRRO. If there is no response, please meet the concerned RDO / Sub-Collector.
The Legal Heir / Family Member certificate issued by the MRO will be in the application form. After obtaining the certificate, please verify all details and make sure that they are mentioned accurately.
If you do not get proper service, please contact the local Lok Satta unit for support and help.