When a loved one passes away, handling financial matters can feel overwhelming, especially when it involves claiming money from their bank accounts. In many cases, banks require a Legal Heir Certificate to release funds to the rightful successors. If you are in Delhi and need to claim a deceased family member’s bank account, understanding the process and required documents is essential.
This detailed guide explains everything you need to know about obtaining a Legal Heir Certificate in Delhi, also known as a Surviving Member Certificate in Delhi for bank account claims, including the documents required and the step-by-step process.
What is a Legal Heir Certificate?
A Legal Heir Certificate is an official document issued by the government that identifies the rightful heirs of a deceased person. It establishes the relationship between the deceased and their surviving family members.
This certificate is commonly required for:
Claiming bank balances
Accessing fixed deposits
Claiming insurance amounts
Settling pension dues
Transferring utility connections
Property-related claims (in some cases)
For bank account claims, the certificate helps financial institutions determine who is legally entitled to receive the funds.
Legal Heir Certificate in Delhi – Why It Is Required for Bank Account Claims
In Delhi, banks typically ask for a Legal Heir Certificate when:
The deceased account holder did not nominate anyone.
There are multiple legal heirs.
The amount in the bank account exceeds a certain limit.
The bank requires formal proof of heirship.
In some situations, banks may also ask for a succession certificate under the Indian Succession Act, especially if the claim amount is substantial. However, for smaller claims and certain cases, a Legal Heir Certificate is sufficient.
Authority That Issues Legal Heir Certificate in Delhi
In Delhi, the Legal Heir Certificate is generally issued by:
The office of the Sub-Divisional Magistrate (SDM) of the concerned area.
The District Magistrate’s office in some cases.
The application is usually submitted in the jurisdiction where the deceased last resided.
Required Documents for Legal Heir Certificate in Delhi for Bank Account Claims
To apply for a Legal Heir Certificate in Delhi, you must submit the following documents:
- Death Certificate of the Deceased
Issued by the Municipal Corporation.
This is the primary and mandatory document.
It confirms the date and place of death.
- Identity Proof of All Legal Heirs
Any government-issued ID such as:
Aadhaar Card
Voter ID
Passport
PAN Card
These documents verify the identity of the applicants.
- Address Proof of the Deceased
Aadhaar Card
Ration Card
Electricity Bill
Water Bill
Passport
This confirms the jurisdiction under which the application is filed.
- Address Proof of Legal Heirs
Each legal heir must provide valid address proof.
- Affidavit Declaring Legal Heirs
An affidavit must be submitted stating:
The list of all surviving legal heirs.
Relationship of each heir with the deceased.
Declaration that the information provided is true.
The affidavit should be notarized.
- Self-Declaration Form (If Required)
Some SDM offices may require a prescribed application form or self-declaration.
- Passport-Size Photographs
Recent photographs of all legal heirs.
- Family Tree Certificate (If Asked)
In certain cases, authorities may request a family tree certificate issued by a local revenue officer.
Who Can Be Considered Legal Heirs?
Under general succession laws, the following are usually considered legal heirs:
Spouse
Son
Daughter
Mother
Father
The classification may vary depending on whether the deceased was governed by Hindu, Muslim, Christian or other personal laws.
Step-by-Step Process to Obtain a Legal Heir Certificate in Delhi
Step 1: Collect Required Documents
Ensure all documents listed above are complete and accurate.
Step 2: Prepare Affidavit
Draft and notarize an affidavit declaring all legal heirs.
Step 3: Submit Application to SDM Office
Visit the SDM office of the area where the deceased resided and submit the application along with supporting documents.
Step 4: Verification Process
The SDM office may:
Conduct a local inquiry.
Verify documents.
Issue public notice if required.
Step 5: Issuance of Certificate
After successful verification, the Legal Heir Certificate is issued.
The entire process may take a few weeks depending on verification and workload.
Using Legal Heir Certificate for Bank Account Claims
Once the certificate is issued:
Submit it to the concerned bank branch.
Provide a claim form from the bank.
Submit KYC documents of all heirs.
Complete indemnity forms if required.
The bank will verify the documents and release the funds to the legal heirs, either jointly or as per mutual consent.
Difference Between Legal Heir Certificate and Succession Certificate
It is important to understand the distinction:
| Basis | Legal Heir Certificate | Succession Certificate |
| Issuing Authority | SDM / Tehsildar (Revenue Dept) | Civil Court (District Judge) |
| Primary Law | State-specific Revenue Laws | Indian Succession Act, 1925 |
| Timeframe | 15–30 days | 3–6 months (due to court notice) |
| Cost | Nominal (Stamp duty + small fee) | Court Fee (usually 2-3% of asset value) |
| Scope of Assets | Immovable property, pensions, insurance | Movable assets (Bank accounts, FDs, Shares) |
| Core Purpose | Proves relationship to the deceased. | Proves authority to collect debts/securities. |
For large bank balances, courts may insist on a succession certificate instead.
Common Mistakes to Avoid
Not including all legal heirs in the application
Submitting incomplete documents
Providing incorrect information in the affidavit
Applying in the wrong jurisdiction
Ignoring bank-specific requirements
These errors can delay the issuance of the certificate and the release of funds.
Time Frame and Validity
Processing time: Usually 2–4 weeks (may vary).
Validity: The certificate does not typically expire, but it must reflect accurate and complete information.
Final Thoughts
Obtaining a Legal Heir Certificate in Delhi for bank account claims is an essential legal step when a family member passes away without a nominee in their bank account. While the process involves documentation and verification, proper preparation can make it smooth and hassle-free.
Ensure that all required documents are accurate, affidavits are properly drafted and the application is filed in the correct jurisdiction. Once obtained, the certificate enables legal heirs to claim and settle bank accounts lawfully and efficiently.
If the case involves large financial assets or disputes among heirs, seeking professional legal advice is strongly recommended to avoid complications.
Frequently Asked Questions (FAQs)
- What is a Legal Heir Certificate in Delhi?
A Legal Heir Certificate in Delhi is an official document issued by the Sub-Divisional Magistrate (SDM) that identifies the legal heirs of a deceased person. It is used to claim bank accounts, insurance, pension and other financial assets when the account holder has passed away.
- Is a Legal Heir Certificate mandatory for bank account claims in Delhi?
Yes, a Legal Heir Certificate is usually required if the deceased did not appoint a nominee or if there are multiple legal heirs. Banks use it to verify the rightful claimants before releasing funds.
- What documents are required for a Legal Heir Certificate in Delhi?
The required documents typically include:
Death Certificate of the deceased
Identity proof of all legal heirs
Address proof of the deceased
Address proof of legal heirs
Notarized affidavit listing all heirs
Passport-size photographs
Application form (as prescribed by SDM office)
- Who issues the Legal Heir Certificate in Delhi?
In Delhi, the Legal Heir Certificate is issued by the office of the Sub-Divisional Magistrate (SDM) or the concerned District Magistrate, depending on the jurisdiction where the deceased last resided.
- How long does it take to get a Legal Heir Certificate in Delhi?
The processing time usually ranges between 2 to 4 weeks. However, the timeline may vary depending on document verification, local inquiry and workload at the SDM office.
- What is the difference between a Legal Heir Certificate and a Succession Certificate?
A Legal Heir Certificate is issued by the SDM for basic financial claims and identification of heirs. A Succession Certificate is issued by a civil court and is generally required for high-value assets, securities and large bank balances.
- Can bank accounts be claimed without a Legal Heir Certificate in Delhi?
Yes, in some cases. If the deceased had registered a nominee in the bank account, the bank may release funds to the nominee without requiring a Legal Heir Certificate. However, in the absence of a nominee, the certificate is usually mandatory.
- Who can apply for a Legal Heir Certificate in Delhi?
Any immediate family member of the deceased—such as the spouse, son, daughter, mother or father—can apply for a Legal Heir Certificate. All surviving legal heirs must be disclosed in the application.
- Is an affidavit required for a Legal Heir Certificate in Delhi?
Yes, a notarized affidavit is required. It must clearly list all surviving legal heirs and specify their relationship with the deceased, along with a declaration that the information provided is true.
- Can multiple legal heirs jointly claim a bank account in Delhi?
Yes, multiple legal heirs can jointly claim the bank account. After submitting the Legal Heir Certificate and completing bank formalities, the funds may be distributed jointly or as per mutual agreement among the heirs.
- What happens if there is a dispute among legal heirs for bank account claims?
If there is a dispute among legal heirs, the bank may refuse to release funds until the matter is resolved. In such cases, a Succession Certificate from a civil court may be required to legally determine the rightful claimant.
- Does a Legal Heir Certificate expire in Delhi?
No, a Legal Heir Certificate generally does not expire. However, it must accurately reflect all surviving legal heirs at the time of issuance to be valid for bank account claims.