How to Obtain a Surviving Member Certificate or Legal Heir Certificate - A Complete Guide
April 15, 2026
Table of Contents
A Surviving Member Certificate, commonly referred to as a Legal Heir Certificate, is a document issued by the appropriate government authorities iterating the surviving legal heirs left behind by a deceased. A surviving member certificate is a vital document which is of importance while claiming the transfer of assets, settlement of claims, and accessing various benefits after the death of a family member.
A surviving member certificateconsists of the following-
Name of the legal heirs
Age of the legal heirs
Relationship of the surviving legal heir with the deceased
Who all Can Apply for a Surviving Member Certificate/Legal Heir Certificate
Generally, the following individuals are considered eligible to apply for a Legal Heir Certificate:
Spouse of the deceased.
Children of the deceased.
Parents of the deceased.
Generally required Documents for making the Application-
The applicant is generally required to submit the following documents for all surviving legal heirs-
Death certificate of the deceased along with his identification documents such as Aadhar Card, Voter ID Card, PAN card, Bank passbook, etc.
Identification documents of the surviving legal heirs such as Aadhar Card, Voter ID Card, PAN card, Bank passbook, etc.
Proof of relationship with the deceased such as Passport, Birth Certificate, Ration Card etc.
Passport-sized photographs of all surviving heirs.
Affidavit declaring the list of legal heirs.
Application Process
The procedure to obtain a Surviving Member Certificate generally involves:
Submitting the application with appropriate details and supporting documents- The applicant must submit a duly filled application form to the local revenue office, municipal corporation, or tehsildar office, as the case maybe in their local jurisdiction, along with all the necessary information and documents as required.
Verification of the documents- Once the information and documents are submitted, the authorities verify the submitted documents and conduct a scrutiny to assess its veracity.
On ground Inspection- In some cases and cities, officials may visit the residence of the deceased and legal heirs to confirm the details of the surviving members.
Issuance of Certificate- Once verification is complete and authorities are convinced, the surviving member certificate is issued to the applicant, listing all legal heirs.
Difference Between Legal Heir Certificate and Succession Certificate
S.No
Point of distinction
Succession Certificate
Legal Heir Certificate
Meaning
A succession certificate is a legal document issued by a civil court when a person dies without a Will or Testamentary document, which authorises the legal heirs to manage and deal with the estate of the deceased.
A Surviving Member Certificate, commonly referred to as a Legal Heir Certificate, is a document issued by the appropriate government authorities iterating the surviving legal heirs left behind by a deceased.
Purpose of issuance
Claim financial assets of the deceased, such as-
Bank balances, Fixed deposits, Shares, stocks, bonds, Insurance proceeds (in some cases and other financial securities
To identify legal heirs of the deceased
Issuing Authority
Court concerned of the appropriate jurisdiction
Municipal corporation, Tehsildar, or State Revenue Department, depending on the local laws
Scope
Covers mainly movable assets of the deceased
Issued irrespective of the type of the assets left behind by the deceased & has more of administrative use
Cost
Expensive as it involves court fee, litigation expenses and cost for legal services of an advocate.
Cost effective
Timelines
A minimum of 3-6 months
15-20 days (aapx)
Conclusion
A Surviving Member Certificate or Legal Heir Certificate therefore plays an important role to ascertain the legal heirs left behind by the deceased. Although its use is mostly administrative, however, it is used widely to claim assets of the deceased and deal with the same as per law. It minimises complexities and helps concluding the distribution of estate in a smooth manner
Frequently Asked Questions
The applicant must submit a duly filled application form to the local revenue office, municipal corporation, or tehsildar office, as the case maybe in their local jurisdiction, along with all the necessary information and documents as required, in order to get a legal heir certificate in India.
The processing time usually ranges from 15 to 30 days, depending on the issuing authority and veracity of the documents submitted to the authorities.
A succession certificate is a legal document issued by a civil court when a person dies without a Will or Testamentary document, which authorises the legal heirs to manage and deal with the estate of the deceased, consisting mainly of movable assets whereas a Surviving Member Certificate, commonly referred to as a Legal Heir Certificate, is a document issued by the appropriate government authorities iterating the surviving legal heirs left behind by a deceased.
A Surviving Member Certificate is issued by the State Revenue Department in Delhi. It helps establish a person's relationship with the deceased and avoids complications during inheritance.
Death certificate of the deceased along with his identification documents such as Aadhar Card, Voter ID Card, PAN card, Bank passbook, etc., Identification documents of the surviving legal heirs such as Aadhar Card, Voter ID Card, PAN card, Bank passbook, etc., Proof of relationship with the deceased such as Passport, Birth Certificate, Ration Card etc., Passport-sized photographs of all surviving heirs and Affidavit declaring the list of legal heirs.
A succession certificate or Letters of Administration can act as an alternative of a Legal Heir Certificate.
Yes, an affidavit from all surviving members is required to be submitted along with the application when applying for the Surviving Member Certificate. If any family member is uncooperative or unreachable, we can guide you on how to address that legally.
Yes, legal heir certificate and surviving member certificate are the same in Delhi. They are used synonymously.
It is one and the same thing, used synonymously.
A legal heir certificate or a surviving member certificate acts as a proof of surviving legal heirs.
The purpose of obtaining a surviving member certificate is to identify the legal heirs of the deceased.
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