Guide to Legal Heir Certificate in Bihar

7 mins

Navigating Legal Heirship in Bihar

Navigating the complexities surrounding the Legal Heir Certificate in Bihar (locally known as the Waris Certificate) can be challenging. Whether you are dealing with a sudden demise or settling long-pending family matters, this guide provides the most current information for 2026 to help you secure this vital document.

What is a Legal Heir Certificate?

A Legal Heir Certificate is an official document issued by the Revenue Department that establishes the relationship between the deceased and their surviving kin. It is a mandatory requirement in Bihar for transferring assets when a person dies intestate (without a will).

Uses of a Legal Heir Certificate in Bihar

In 2026, this certificate remains the primary document for:

Property Mutation: Updating land records (Jamabandi) in the name of the heirs.
Financial Claims: Accessing the deceased’s bank accounts, insurance proceeds, and fixed deposits.
Government Benefits: Processing family pensions, Gratuity, and Provident Fund (PF) for retired or serving employees.
Compassionate Appointments: Applying for government jobs reserved for the kin of deceased employees.

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Who Can Apply For A Legal Heir Certificate in Bihar?

The following individuals are generally recognized as legal heirs (class I heirs):

Spouse of the deceased.
Children of the deceased (including adopted children).
Parents of the deceased.

In the absence of Class I heirs, Class II heirs can claim the property.

Class II heirs for a Hindu man according to Hindu Succession Law

Grandchildren of the deceased
Great-grandchildren of the deceased
Siblings of the deceased
Other relatives of the deceased

People Also Read: Legal Heir Certificate for OCI Holders

Procedure to Obtain a Legal Heir Certificate in Bihar

Bihar has streamlined the process through the RTPS Bihar (ServicePlus) portal, though a physical verification step remains mandatory.

Step 1: Online/Offline Application

Online: Visit the RTPS Bihar Portal. Register and select “Legal Heir Certificate” under the Revenue Department services.
Offline: Approach the Counter of the Block Development Office (BDO) or the Tehsildar/Circle Officer (CO) in your respective block.

Step 2: Documentation

You must upload or submit the following:

Death Certificate: The original issued by the Municipality or Ward Councilor.
Identity & Residence Proof: Aadhaar Card or Voter ID of the applicant and the deceased.
Family Tree (Vanshavali): A list of all surviving members, often verified by the local Mukhiya or Ward Commissioner.⁸
Affidavit: A self-declaration on a ⁹$₹20$ non-judicial stamp paper, notarized to attest that the listed heirs are the only surviving kin.¹⁰

Step 3: Local Inquiry

Once submitted, the Revenue Inspector (RI) or Lekhpal will visit your residence or consult local witnesses to verify the family tree.¹¹ This is a critical step in the Bihar system to prevent fraudulent claims.

Step 4: Issuance

After successful verification, the Circle Officer (CO) or Sub-Divisional Officer (SDO) signs the certificate. It typically takes 15 to 30 days to receive the final document.

While this guide provides a comprehensive overview of Legal Heir Certificates in India, including their uses, application process, and necessary documentation, you might be specifically interested in the detailed steps involved in obtaining this certificate.

For a focused and step-by-step guide on this process, we recommend reading our article How to Obtain a Legal Heir Certificate in India. This resource offers practical insights and expert tips to navigate the application procedure efficiently, making it an invaluable resource for those seeking to acquire a Legal Heir Certificate.

Required Documents For A Legal Heirship Certificate in Bihar

Signed application form in the prescribed format.
Identity and address proof of the applicant. ( Voter ID/ Aadhar Card/Driving Licence/Passport or any other government-issued identity card)
Address proof of the deceased. (Any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the deceased)
Death certificate of the deceased. (Original to be produced)
Date of birth proof of all legal heirs. (Birth certificate, School Transfer/Leaving Certificate, PAN Card, Passport, etc)
A self-undertaking affidavit on ₹20 non-judicial stamp paper.

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Top Lawyers in Bihar for Legal Heir Certificate

1. Advocate Rajesh Kumar

Qualification: LLB, LLM
Experience: 12 years
Specialization: Legal Heir Certificate, Property Disputes, Civil Litigation
Location: Patna, Bihar

2. Advocate Neha Singh

Qualification: LLB, MBA (Law)
Experience: 8 years
Specialization: Legal Heir Certificate, Family Law, Succession Planning
Location: Gaya, Bihar

3. Advocate Arvind Prasad

Qualification: LLB, PG Diploma in Family Law
Experience: 15 years
Specialization: Legal Heir Certificate, Inheritance Law, Family Settlements
Location: Bhagalpur, Bihar

4. Advocate Sangeeta Mishra

Qualification: LLB, LLM in Corporate Law
Experience: 10 years
Specialization: Legal Heir Certificate, Wills and Trusts, Estate Planning
Location: Muzaffarpur, Bihar

5. Advocate Ankit Verma

Qualification: LLB, Diploma in Taxation Laws
Experience: 7 years
Specialization: Legal Heir Certificate, Taxation, Probate Law
Location: Darbhanga, Bihar

List of Areas Covered for Legal Heir Certificate in Bihar

Patna
Gaya
Bhagalpur
Muzaffarpur
Darbhanga
Purnia
Bihar Sharif
Ara
Begusarai
Katihar

Difference Between Legal Heir Certificate and Succession Certificate

Basis	Legal Heir Certificate	Succession Certificate
Meaning	Identifies the legal heirs of a deceased person	Authorizes a person to collect movable assets of the deceased
Issued By	Tahsildar / Revenue Officer / Municipal Authority	Civil Court / District Court
Purpose	For administrative and government-related matters	For claiming financial and movable assets
Assets Covered	Does not deal with asset ownership	Movable assets only
Examples of Use	Pension, salary arrears, insurance claims, utility transfers	Bank balance, FDs, shares, mutual funds, PF
Legal Authority	Administrative document	Judicial document
Ownership Rights	Does not confer ownership	Confers right to collect and manage assets
When Required	For service and family benefit claims	When there is no will or nominee
Court Involvement	No	Yes
Time Taken	Short (15–30 days approx.)

Difference between Surviving Member Certificate and Legal Heir Certificate

A surviving member certificate is a document that certifies the surviving members of a family in case of the death of the head of the family. It is issued by the revenue department of the district where the deceased person resided. A legal heir certificate, on the other hand, certifies the legal heirs of a deceased person. The legal heir certificate is required to claim the assets and properties left behind by the deceased.

For detailed information specifically tailored to Non-Resident Indians, be sure to read our focused guide on the Legal Heir Certificate for NRIs in India.

Legal Heirs To File Income Tax Returns For Deceased

Legal heirs in India are obligated to file Income Tax Returns (ITR) for the deceased as per the Income Tax Laws. This filing should be done for the year in which the deceased passed away. While legal heirs have rights to the deceased’s income, they must file the deceased’s income tax return separately and cannot merge it with their own.

The process of filing ITR for the deceased involves the legal heirs registering as representatives on the income tax e-filing website and submitting the required documents to complete the filing process. This ensures that the deceased’s tax obligations are appropriately fulfilled by their legal successors.

Filing Income Tax Returns (ITR) for a Deceased Individual by a Legal Heir

Legal heirs are responsible for filing the Income Tax Returns (ITR) and settling the calculated tax on behalf of a deceased individual. Here’s how to proceed with this process:

Visit the official income tax e-filing website.
If you already have an account, log in with your credentials. If you’re a new user, select ‘Register Yourself’ and complete the registration by providing all necessary details.
Once logged in, navigate to the ‘My Account’ section.
In the ‘Request Type’ section, choose ‘New Request’ from the options available in the drop-down menu.
In the section to add/register as a representative, select ‘Register Yourself’ on behalf of another person.
Choose ‘Estate of the Deceased’ from the options in the ‘Category to Register’ section.
Upon selecting ‘Proceed,’ you will be directed to a new page.
Enter all pertinent details such as the Permanent Account Number (PAN) of the deceased, the name of the estate, and the date of death.
Prepare a zip file containing essential documents like a self-attested copy of the legal heir’s PAN card, the deceased’s PAN card, the death certificate, the legal heir certificate, or a notarized affidavit.
Upload these documents and submit your request by clicking the ‘Submit’ button, which will then be reviewed by the e-Filing Administrator.

This process ensures that the legal heir can fulfill the tax obligations of the deceased individual in a structured and official manner.

Confused about the legal heirship process? Our experienced lawyers specialize in Legal Heir Certificates, offering personalized assistance to make your legal journey smooth and stress-free. Let's navigate the legalities together. Reach out for expert guidance.

Format of Legal Heir Certificate

LEGAL HEIR CERTIFICATE

Having fully satisfied myself with the right and title of the claimant(s), I recommend that the amount due to be paid to late Mr./Mrs. [Deceased Person’s Name] with respect to [Specify the context, e.g., pension, provident fund, etc.] may be paid to the person(s) mentioned below who are the only rightful heirs of the deceased employee.

Name of Heir 1: Relationship – [Specify Relationship, e.g., Spouse, Son, Daughter]
Name of Heir 2: Relationship – [Specify Relationship]
Name of Heir 3: Relationship – [Specify Relationship]
(Continue the list as per the number of legal heirs)

Signature
[Your Name]
Head of the Department/Office
Date: [Date of Issuance]
Department of: [Name of the Department/Organization]

Here is the updated and high-authority section on key judicial rulings to be added to your blog. This section establishes the legal distinctions between different certificates and clarifies the rights of heirs in Bihar based on recent High Court and Supreme Court precedents.

Key Judgments and Court Rulings on Legal Heirship

To provide a deeper legal context, here are significant rulings from the Patna High Court and the Supreme Court of India that define how Legal Heir and Succession Certificates are treated in practice.

1. Validity of Succession Certificates for Retiral Benefits

Case Name: Urmila Devi vs. Magadh University, Bodh Gaya Case Number: CWJC No. 4418 of 2025 (Patna High Court)

Date of Judgment: October 30, 2025

The Context: The petitioner, the widow of a university employee, was asked by university authorities to bring multiple succession certificates for different heads of post-retiral dues, even though she had already submitted one.
The Ruling: The Patna High Court held that once a competent Civil Court has issued a Succession Certificate and there are no other claimants, the authorities cannot compel the heir to bring fresh certificates for every individual due amount. This ruling prevents administrative harassment of legal heirs in Bihar.

2. Nominee vs. Legal Heir: Who Has the Final Right?

Case Name: Shipra Sengupta vs. Mridul Sengupta Citation: (2009) 10 SCC 680 (Followed in CWJC No. 24017 of 2019, Patna HC)

The Context: A common dispute in Bihar arises when the deceased has a “Nominee” listed in bank records who is different from the actual “Legal Heir.”
The Ruling: The Court clarified that a nominee is merely a trustee or a “custodian” of the assets. The nomination does not confer ownership. The amount received by a nominee must be distributed among the legal heirs according to the laws of succession. A Legal Heir Certificate is the primary document used to establish this right of the family members over the nominee.

3. Equal Inheritance Rights for Daughters

Case Name: Vineeta Sharma vs. Rakesh Sharma Citation: (2020) 9 SCC 1

The Context: This landmark Supreme Court ruling is heavily cited in Bihar land mutation cases. It addressed whether daughters born before 2005 could claim ancestral property.
The Ruling: The Court ruled that daughters have coparcenary rights (equal birthrights) in ancestral property regardless of whether they were born before 2005 or if their father was alive at the time of the 2005 amendment. In Bihar, this means a daughter’s name must be included in the Waris Certificate (Legal Heir Certificate) for the document to be legally valid for property mutation.

4. Jurisdiction and Issuing Authority

Case Name: Most. Devanti Devi vs. The State of Bihar Case Number: CWJC No. 6115 of 2014 (Patna High Court)

The Context: This case clarified which authority has the right to recognize a legal heir when service benefits are at stake.
The Ruling: The High Court emphasized that while Circle Officers (CO) issue Waris Certificates for administrative ease (pensions, mutation), if a dispute arises regarding the identity of the heir, only a Civil Court has the jurisdiction to settle the matter via a Succession Certificate or a Declaratory Suit.

Legal Heir Certificate in Other States

Frequently Asked Questions About Legal Heir Certificates

Q1. Can I apply for a Legal Heir Certificate online?

Ans1. Yes, in some regions of India, you can apply for a Legal Heir Certificate online through the e-portal of the respective district.

Q2. How long does it take to obtain a Legal Heir Certificate?

Ans2. It typically takes about 15 to 30 days to obtain a Legal Heir Certificate.

Q3. Is a married daughter a legal heir?

Ans3. Yes, both married and unmarried daughters are considered legal heirs and have the same rights as sons.

Q4. What if the deceased person has no immediate legal heirs?

Ans4. If the deceased person does not have immediate legal heirs like children, spouse, or parents, then grandchildren or siblings can be considered as legal heirs.

Q5. Can a person with a Legal Heir Certificate sell the deceased’s property?

Ans5. A person holding a Legal Heir Certificate alone cannot sell the deceased’s property. However, they can proceed with the sale after obtaining written consent and a No Objection Certificate from all other legal heirs.

Q6. Is it possible for a father to allocate his entire property to just one child?

Ans6. A father has the right to bequeath all his self-acquired property to a single child. However, when it comes to ancestral property, he cannot do so as all his children are entitled to an equal share.

Q7. Are legal heirs liable for any penalties incurred by the deceased?

Ans7. Legal heirs may indeed be responsible for any penalties that were applicable to the deceased individual.

Q8. What is the cost involved in acquiring a legal heir certificate?

Ans8. To obtain a legal heir certificate, a nominal fee involving a Rs. 2 stamp and Rs. 20 for stamp paper is required.

Q9. Whom should one contact to get a legal heir certificate?

Ans9. To procure a legal heir certificate, one should approach the Taluk Tehsildar, the local corporation/municipality office, or the district civil court in their area.

Q10. What are the classifications of legal heirs?

Ans10. Legal heirs are categorized into two types: Permanent legal heirs and temporary legal heirs.

Q11. Who are the rightful heirs to a father’s estate?

Ans11. The rightful heirs to a father’s property typically include his wife, children, and mother.

Q12. Who qualifies as a legal heir if the deceased has no immediate family?

Ans12. In the absence of immediate family members like parents, spouse, or children, the legal heirs are usually the deceased’s grandchildren. If there are no grandchildren, the siblings of the deceased become the legal heirs.

Q13. Who is authorized to apply for a death certificate?

Ans13. The application for a death certificate can be made by the head of the household for home deaths, the medical in-charge for hospital deaths, the jail in-charge for deaths in jail, and the local police station or village headman for unattended deaths.

Q14. How can I obtain a duplicate of my lost legal heir certificate?

Ans14. To get a duplicate legal heir certificate, present the death certificate at the issuing authority, provide details of the deceased and the certificate’s issuance date, and pay a nominal fee.

Q15. Does a second wife qualify as a legal heir?

Ans15. A second wife is considered a legal heir if the marriage is legally recognized under the Hindu Marriage Act, 1955, typically after the dissolution of the first marriage or the death of the first wife. Children from both marriages are considered legal heirs.

Q16. Are children born out of wedlock considered legal heirs?

Ans16. Yes, children born to parents who are not legally married or are born out of wedlock have the same rights to the deceased parent’s property as legitimate children and are thus legal heirs.

Q17. Can a holder of a legal heir certificate sell the deceased’s property?

Ans17. A legal heir certificate alone does not confer the right to sell the deceased’s property. It is primarily for claiming insurance and government dues. To sell the property, the holder must have a succession certificate or obtain written consent and a No Objection Certificate from all other legal heirs.

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Adv. Priyanka Sharma

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Priyanka Sharma is a legal consultant who prioritises ethical and professional conduct while striving to achieve desired outcomes. With over 6years of independent practice, she has significant expertise in handling legal cases. Her exceptional communication skills enable her to express arguments in a clear and persuasive manner, both in writing and verbally, in Hindi, English, and Telugu.

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