Application for a legal heir (surviving member) certificate
Asking the Tehsildar or SDM for a legal heir certificate; file the "Affidavit of legal heirs" with it.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
To,
The Tehsildar,
Amarnagar
Subject: Issue of a legal heir (surviving member) certificate
Sir/Madam,
1.That Jagir Singh, son of Bachan Singh, resident of Village Kalyanpur, Tehsil and District Amarnagar, died on 19-06-2021 at Village Kalyanpur. The applicant is the widow of the deceased.
2.That the deceased is survived by the following legal heirs (surviving members of the family) only:
| No. | Name | Relation to the deceased | Age |
|---|---|---|---|
| 1 | Balwant Kaur | widow | 67 |
| 2 | Gurdev Singh | son | 48 |
| 3 | Manjit Kaur | daughter | 44 |
3.That apart from the persons named above the deceased has left no other legal heir, and no heir has been left out of this list.
4.That the certificate is needed for the family pension, the bank accounts and the mutation of land.
5.That the death certificate, the applicant's affidavit of legal heirs and the other papers listed below are attached. The applicant is ready to produce the heirs and two respectable persons of the area for the enquiry, and to have a notice published if required.
It is therefore requested that, after the necessary enquiry, a legal heir certificate be issued in respect of the late Jagir Singh, naming the persons listed above.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The death certificate of the deceased (photocopy; the original to show)
- "Affidavit of legal heirs (survivorship)", sworn by the applicant
- Identity proof of every heir (photocopies)
- Proof of the relationship: the family register, ration card or Family ID (Haryana), or birth and marriage certificates
- Two respectable persons of the area, such as the numberdar, sarpanch or ward councillor, for the enquiry
Where to go
Given to the Tehsildar or SDM, often through the Sewa Kendra (Punjab), a Saral Kendra (Haryana) or a Sampark centre (Chandigarh). The Patwari or another field officer enquires, and the revenue officer issues the certificate; a notice may be published first.
Fee
The application is on plain paper; the service centre's fee, and the e-Stamp and attestation fee for the affidavit, are paid at the counter. Ask there for today's amounts.
Good to know
- Name every heir: under the Hindu Succession Act, which also covers Sikhs, Jains and Buddhists, a man's widow, mother and daughters (married or not) inherit along with his sons.
- For large amounts, shares or a dispute, banks and courts may want a succession certificate instead: see "Succession certificate (s.372 ISA)".
- If the deceased left a will, this certificate may not be enough; ask a lawyer.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Plain paper is enough.