If a person dies without a legal Will, all of his/her tangible (movable or immovable) and intangible assets get transferred among the legal heirs as per the Succession Act. However, to get a succession certificate that acts as conclusive evidence of a person being the deceased person's legal successor, the person needs a legal heir certificate.

Here in this article, we will discuss the purpose, eligibility and documents required to get a legal heir certificate in Rajasthan.

A legal heir certificate is an official document which states or defines all legal heirs of a deceased person. It provides an ownership right of all the tangible or intangible assets owned by a deceased person to his/her legal heirs. 

This official document is issued by the tehsildar of a particular sub-district or tehsil. Having a legal heir certificate is necessary for making any claims of ownership and applying for a succession certificate.

The core purpose of a legal heir certificate is to declare and define the legal heirs of a deceased person by establishing a relationship between them. It is a mandatory requirement while claiming a deceased person's property. However, it is not a mandatory document which one must apply for.

Apart from proof of ownership for the properties owned by the deceased, there are several other purposes which are as follows:

• It acts as a proof of ownership for fixed deposits, savings deposits and other bank deposits held by a deceased.
• It provides ownership rights for insurance policies.
• In case a legal heir is eligible for a government job offer, he or she cannot claim such an offer without producing a legal heir certificate.
• A legal heir certificate is also required while transferring utility services like gas, telephone, ownership of a vehicle and more.
• It is also required for the transfer of pension, gratuity or provident fund from a deceased person.

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Listed below are the individuals who are eligible to apply for a legal heir certificate in Rajasthan.

• Deceased’s wife or husband
• Deceased’s  Son and daughter
• His/her mother

To obtain a legal heir certificate in Rajasthan, an individual applying is required to furnish certain documents which include:

• Application form duly filled along with a signature
• Original death certificate of the deceased person issued by the concerned municipal corporation/municipality
• Original identity proof with photocopies 
• Residence proof of the deceased person (driving license, bank passbook, voter ID card)

Follow these steps to get a legal heir certificate issued:

Step 1: Walk into your local taluk office or visit the tahsildar in person to make an application.

Step 2: Now, you have to obtain a legal heir application form from the taluk office.

Step 3: Duly fill up the application form by entering the required details along with your signature.

Step 4: Attach all the necessary documents along with the application form with a passport-size photograph on it.

Step 5: You have to affix a ₹2 stamp to the application form. 

Step 6: Post fill up and attachment of all the necessary documents, and submit the same to the concerned officer in the taluk office.

Step 7: Now, the village administrative officer and revenue inspector in charge will verify the authenticity of the documents provided. After verification, if it is good to go, the document will be forwarded for further processing.

Step 8: There might be a ground-level verification followed by scrutiny of the submitted documents.

Step 9: Post completion of verification at all levels, the concerned authority will issue the legal heir certificate to the applicant.

There is no online procedure available for obtaining a legal heir certificate in Rajasthan. If any applicants want the certificate, they have to apply for it through the offline procedure.

If you are residing in Rajasthan, typically it takes around 15 to 30 days to get the legal heir certificate from the date of submission of the application. However, you can directly approach the revenue division officer (RDO) in case of any delays.

The charges for obtaining an application form are minimal, pay as per the authority quotes. There is also a requirement for a ₹2 stamp for the application form. For an affidavit, you need to pay ₹20 to get a stamp paper.

If you are applying from a civil court with the help of a lawyer, your lawyer's fees and other charges will be added.

You can also apply for a duplicate legal heir certificate in case you have damaged or lost it. In such a situation, you can directly approach the concerned authority to get a duplicate one. However, there are certain things to keep in mind which include:

• You must have the death certificate in original.
• You may have to pay a certain amount of charges for the duplicate issue.
• The issuing date of the legal heir certificate may also be required.

To conclude, a legal heir certificate declares and defines the legal heirs of a deceased person in case the person has died intestate. It allows successors to claim ownership rights of the person’s properties and other assets. Similarly, if there are any outstanding liabilities (taxes or loans), the legal heirs are liable to clear off the dues. 

If you are residing in Rajasthan and looking to apply for a legal heir certificate in Rajasthan, hopefully, this article was able to serve the purpose well.