Guide to Legal Heir Certificate in Haryana

4.8

7 mins

Navigating Legal Heirship in Haryana

Navigating the legalities after the loss of a loved one is a daunting task. The Legal Heir Certificate in Haryana (now officially processed as the Surviving Member Certificate) has undergone significant changes due to the state’s aggressive digitization and integration with the Parivar Pehchan Patra (PPP).

This updated 2026 guide provides the most current, step-by-step procedure to help you secure this vital document without unnecessary delays.

What is a Legal Heir Certificate (Haryana)?

A Legal Heir Certificate is an official revenue document that establishes the relationship between a deceased individual and their surviving family members. In Haryana, it is primarily used for:

Asset Transfer: Moving ownership of vehicles, utility connections (electricity/water), and small properties.
Financial Claims: Accessing bank accounts, fixed deposits, and insurance payouts.
Government Benefits: Claiming family pensions, arrears, gratuity, and compassionate appointments for government employees.

Note: For high-value shares or disputed immovable properties, a Succession Certificate from a Civil Court may still be required.

The 2025 Update: PPP (Family ID) Integration

The most critical change in the current process is the mandatory integration with the Parivar Pehchan Patra (PPP).

Mandatory Linkage: Your application on the SARAL Haryana portal is now auto-linked to your Family ID.
Pre-Verification Requirement: If the deceased’s death is not updated in the PPP database, the portal will block your application.
Action Step: You must first report the death at a local CSC or through the PPP portal. Once the status is marked as “Verified Deceased,” you can proceed with the certificate application.

Uses of a Legal Heir Certificate in Haryana

The Legal Heir Certificate is used for several purposes:

Transferring properties and assets of the deceased to their successors.
Claiming insurance and other financial benefits.
Sanctioning and processing the family pension of a deceased employee.
Receiving government dues like provident fund, gratuity, etc.
Claiming salary arrears of deceased government employees.
Employment considerations based on compassionate appointments.

Navigating the complexities of Legal Heir Certificates? Let our expert legal team guide you through every step. From document preparation to successful submission, we're here to simplify the process for you. Connect with us today for hassle-free legal assistance.

Who Can Apply For A Legal Heir Certificate in Haryana?

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 Haryana

1. Online Submission (The SARAL Portal)

The process is now primarily “Faceless and Paperless” via the Antyodaya Saral Portal: https://saralharyana.gov.in/login.do

Register/Login: Create an account using your mobile number and email.
Search Service: Look for “Surviving Member Certificate” (the official term used in the Haryana Revenue Dept).
Fill Details: The portal will fetch details via your PPP ID. Ensure the family tree matches your legal heir list.
Upload & Pay: Attach the documents and pay the nominal government fee (approx. ₹30).
Application Tracking: You can track your application status on the same portal or by sending an SMS: SARAL <space> Application ID to 9954699899.

2. The Verification Phase (The “Ground” Reality)

Once submitted, your application moves to the Tehsildar, who forwards it to the local Patwari.

Field Inquiry: The Patwari will conduct a local inquiry to confirm no heirs are hidden.
Pro-Tip: Don’t just wait for the portal. Visit your local Tehsil office with your SARAL Application ID 3–5 days after submission to ensure the Patwari has received the request for verification.

3. Certificate Issuance

After the Patwari and Kanungo submit their reports, the Tehsildar digitally signs the certificate. You can download the verified, QR-coded certificate directly from the SARAL portal.

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 Haryana

Ensure you have scanned copies of the following for the online portal:

Death Certificate: Original issued by the Registrar of Births & Deaths.
Parivar Pehchan Patra (PPP): The current Family ID showing the deceased and all heirs.
Identity Proofs: Aadhaar Cards and PAN Cards of the applicant and all heirs.
Relationship Proof: Marriage certificate (for spouse), Birth certificates (for children), or Ration Card.
Self-Undertaking Affidavit: Drafted on ₹20 non-judicial stamp paper and notarized.
Witness IDs: Aadhaar copies of two neighbours (often required during the Patwari’s field verification).

Ensure your loved one's assets are rightfully transferred. Our specialized legal services in obtaining Legal Heir Certificates provide you with the peace of mind and legal clarity you need. Trust us to safeguard your family's future. Contact us for dedicated support.

Top Lawyers in Haryana for Legal Heir Certificate

1) Advocate Satish Bhan
Exp.: 14+ Years
Location: Gurgaon
Practice Area & Skills: Property & Civil matters

2) Advocate Suraj Mutnal
Exp.: 10+ Years
Location: Hisar
Practice Area & Skills: Property & Family matters

3) Advocate Manjunath Gowda
Exp.: 13+ Years
Location: Panipat
Practice Area & Skills: Property & Criminal matters

4) Advocate Oshi Mishra
Exp.: 7+ Years
Location: Rewari
Practice Area & Skills: Property & Consumer matters

5) Advocate Shivamuthi AR
Exp.: 11+ Years
Location: Yamunanagar
Practice Area & Skills: Property, Criminal, Divorce & Consumer matters

List of Areas Covered for Legal Heir Certificate in Haryana

1	Ambala
2	Bhiwani
3	Charkhi Dadri
4	Faridabad
5	Fatehabad
6	Gurugram
7	Hisar
8	Jhajjar
9	Jind
10	Kaithal
11	Karnal
12	Kurukshetra
13	Mahendragarh
14	Nuh
15	Palwal
16	Panchkula
17	Panipat
18	Rewari
19	Rohtak
20	Sirsa
21	Sonipat
22	Yamunanagar

Difference Between Legal Heir Certificate and Succession Certificate

Feature	Legal Heir (Surviving Member)	Succession Certificate
Authority	Tehsildar (Revenue Dept)	Civil Court
Purpose	Pensions, Utility transfers, Small assets	Bank lockers, Shares, Disputed property
Cost	Nominal (₹30 – ₹50)	Percentage of asset value (approx. 3%)

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.

Court Rulings for Legal Heirs

Understanding the “why” and “how” of legal heirship is better understood through the lens of recent judicial decisions. These rulings clarify the rights of family members and the limits of the certificate itself.

1. The Distinction Between LHC and Succession Certificates

Case: P. Venkatachalam v. The Tahsildar (Full Bench) Court: Madras High Court (Followed by Punjab & Haryana HC in administrative practice)

The Ruling: In a landmark 2022-2023 ruling, the Full Bench clarified that while a Tahsildar (Tehsildar) has the administrative power to issue a Legal Heir Certificate (LHC), it does not replace a Succession Certificate issued by a Civil Court for high-stakes financial claims.

Key Insight: If your claim involves significant bank balances, shares, or disputed property, an LHC is merely a “stepping stone.” The High Court held that Tahsildars must issue certificates to Class-II heirs (siblings/father) if Class-I heirs are unavailable, correcting a long-standing refusal by revenue departments to do so.

2. Daughters’ Equal Rights in Ancestral Property

Case: Malleeswari v. K. Suguna (2025) Court: Supreme Court of India

The Ruling: The Supreme Court reaffirmed that daughters have an unconditional statutory right to a coparcenary (equal) share in ancestral property under the 2005 Amendment.

Key Insight: In Haryana, when applying for a Legal Heir Certificate, the Tehsildar cannot ignore married daughters. Even if a “Preliminary Decree” was passed before 2005, the 2025 ruling confirms that as long as the property isn’t fully partitioned, daughters can claim their share.

3. Limited Liability of Legal Heirs for Deceased’s Debts

Case: [Name Redacted/Recent News] v. Income Tax Department (Nov 2025) Court: Punjab and Haryana High Court

The Ruling: The High Court recently quashed an order where the IT department attached a legal heir’s personal property to pay for the deceased father’s partnership firm taxes.

Key Insight: The Court ruled that under Section 159 of the Income Tax Act, a legal heir is liable for the deceased’s debts only to the extent of the assets they inherited. If you inherit ₹5 lakhs, you cannot be forced to pay a ₹10 lakh debt using your own hard-earned money.

4. Inherited Property After 1956 is “Self-Acquired”

Case: Recent Ruling (Dec 2025) Court: Punjab and Haryana High Court (Justice Virinder Aggarwal)

The Ruling: The Court clarified that property inherited by a person from their father after 1956 (the year the Hindu Succession Act was enacted) is treated as Self-Acquired, not Ancestral.

Key Insight: This is huge for Haryana residents. It means if your father inherited land in 1980, he has the full right to sell or will it to whoever he wants. You (the child) do not have an “automatic birthright” to it. Your name will only appear on the Legal Heir Certificate if he dies without a Will (Intestate).

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]

Legal Heir Certificate in Other States

Legal Heir Certificate in Major Districts of Haryana

Guide to Legal Heir Certificates in Karnal, Guide to Legal Heir Certificates in Bhiwani, Guide to Legal Heir Certificates in Hisar, Guide to Legal Heir Certificates in Faridabad

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.

Don't let legal complexities slow you down. Contact us today and take the first step towards securing your family's future with ease and confidence.

Adv. Parineeti GN

4.8

4.8 | 85+ User Reviews

Parineeti GN is a legal consultant who prioritises ethical and professional conduct. She graduated with (B.A. and LL.B) from the K.L.E. Society Law College. With more than 8 years of experience in handling legal cases independently. She has the potential to understand and explain complicated legal words in simple terms to clients.

Share On