Published on
30 May 2023
3 min read

Essential Documents for Establishing Legal Heirs in India: A Comprehensive Guide

Monika Taparia
Sep 11, 2023

Establishing legal heirs in India requires a thorough understanding of the process and the crucial documents involved. Let's delve into a comprehensive guide detailing the essential documents required for asserting legal heirs in the Indian legal context.

Defining Legal Heir

A Legal Heir is a person who is entitled to inherit the deceased's property under Indian law. The scope of legal heirs includes spouses, children, parents, and siblings.

Documents Required to Establish Legal Heirs

When it comes to establishing legal heirs in India, several documents need to be in order. Here's a list of essential documents:

1. Legal Heir Certificate

This certificate, also known as a survivorship certificate, is issued by the local municipal authority or the panchayat, depending on where the deceased resided. It identifies the legal heirs of a deceased person.

  • How to Obtain: You need to apply for this certificate at the local administrative office, complete with an application form and supporting documents.

2. Death Certificate

The Death Certificate of the deceased is a crucial document. It is the official record of the date and cause of death and serves as the primary evidence of the deceased's demise.

  • How to Obtain: You can apply for a Death Certificate from the local municipal authority where the death occurred.

3. Affidavit

The Affidavit is a written statement confirming the relationship between the legal heir and the deceased. It should be sworn before a Notary or an Oath Commissioner.

  • How to Obtain: You need to draft an affidavit detailing your relationship with the deceased and get it notarized.

4. Family Member Certificate

In some states, a Family Member Certificate may be required. This document lists all the surviving family members of the deceased.

  • How to Obtain: This certificate can be obtained from the local administrative office.

5. Property Documents

If the deceased owned property, copies of property documents are necessary. They establish the ownership of the deceased over the said property.

  • How to Obtain: These documents can be obtained from the land or property registrar's office where the property is located.

Importance of a Will

A clear and legally valid Will is instrumental in asserting the rights of legal heirs. It can significantly reduce disputes and confusion among potential heirs.

  • Clarity in Asset Distribution: A well-drafted Will specifies the distribution of the deceased's assets among legal heirs, leaving little room for disputes.
  • Avoiding Probate: In India, if there's a Will, the legal heirs may avoid the often time-consuming and costly probate process.

Navigating the legal complexities involved in establishing legal heirs can be challenging. However, armed with the right knowledge and the necessary documents, the process becomes much more manageable.

However, if you're still unsure about any of the steps involved or feel overwhelmed by the paperwork, remember that professional help is just a call away. Our team of legal experts at AasaanWill is ready to assist you.

Reach out to us at +91 80692 32888, drop a WhatsApp message on +91 87644 47848, or write to us at for more information about Wills, notarisation, and registration. Let us guide you through this complex process, ensuring your peace of mind and the smooth transition of your loved ones' assets.