What is a Legal Heir Certificate in Delhi?
A Legal Heir Certificate is the commonly-used, popular name for a document that identifies the surviving family members of a person who has died. In Delhi specifically, the Revenue Department's official name for this document is the Surviving Member Certificate - so if you search government portals, you will find it listed that way, not as "Legal Heir Certificate."
The certificate lists the deceased person's surviving family members and their relationship to the deceased. It is commonly required for mutation of property records, claiming pension or provident fund dues, bank account settlements, insurance claims, and - most relevant here - before dividing or transferring inherited immovable property.
Naming note: "Legal Heir Certificate" and "Surviving Member Certificate" refer to the same document in Delhi. We use both terms on this page since people search for either.
Legal Heir Certificate vs Succession Certificate - What's the Difference?
These two are frequently confused, but they serve different purposes and come from different authorities:
| Feature | Legal Heir / Surviving Member Certificate | Succession Certificate |
|---|
| Issued by | SDM / Deputy Commissioner (Revenue Department) | Civil Court |
| Purpose | Identifies who the surviving heirs are | Authorises heirs to collect the deceased's movable assets (bank deposits, shares, securities, debts) |
| Used for immovable property? | Yes - a standard prerequisite before Partition/Relinquishment Deed and mutation | Not typically required for immovable property alone |
| Fee | No fee | Court fee applies (varies by estate value) |
| Typical timeline | 14-21 days | Several months (court process) |
For inherited property in Delhi: the Legal Heir/Surviving Member Certificate, combined with a registered Partition Deed or Relinquishment Deed among the identified heirs, is generally the relevant route - not a Succession Certificate, which is aimed at movable assets.
Documents Required for a Legal Heir / Surviving Member Certificate
Completed Application Form
Available at the SDM office or through the e-District Delhi online portal.
Identity Proof
Aadhaar Card (name must match the applicant's name). If Aadhaar is unavailable, PAN, Passport, Driving Licence or Voter Card.
Self-Declaration From All Surviving Members
In the prescribed format. For a surviving member who is a minor, a major guardian submits the declaration on their behalf.
Residential Proof
Voter Card, electricity bill, water bill, or telephone bill showing your current Delhi address.
Death Certificate
Of the deceased person, issued by the municipal authority.
Live Photograph
Captured via webcam at the time of submission/verification - it must match the applicant's Aadhaar photo.
Important: All submitted documents must be attested by a Gazetted Officer.
How to Apply - Step by Step
1 Choose Where to Apply
You can apply at the office of the Sub-Divisional Magistrate (SDM) with jurisdiction over your residence, at the office of the concerned Deputy Commissioner (10 AM to 1 PM on working days), or apply online through the Delhi e-District portal.
2 Submit Application + Documents
Submit the completed application form along with all required documents (see above), each attested by a Gazetted Officer.
3 Verification via Tehsildar
The Revenue Department verifies the facts stated in your application through the local Tehsildar before the certificate is issued.
4 Certificate Issued
Based on the Tehsildar's report and your documents, the Surviving Member Certificate is issued - typically within 14 to 21 days. There is no fee for this service. You can track your application status on the e-District portal.
Why You Need This Before Dividing or Transferring Inherited Property
When a property owner in Delhi dies without a registered Will, their property doesn't automatically get divided - every legal heir has an undivided share until it's formally sorted out. A Legal Heir/Surviving Member Certificate is what establishes, on official record, exactly who those heirs are, before you can safely take the next step:
If multiple heirs each want their own separate, individually-titled portion of the inherited property.
If one heir wants to release their share in favour of another heir who keeps the property.
MCD/DDA mutation records need to reflect the correct heirs before or alongside this process.
Avoid this entire process for the next generation - a registered Will removes the ambiguity upfront.
Skipping this step is risky: if a Partition Deed or Relinquishment Deed is drafted without a proper Legal Heir Certificate confirming everyone entitled to a share, an heir who was missed can later challenge the deed in court.
Frequently Asked Questions
Yes. "Legal Heir Certificate" is the popular, commonly-searched name used across India, but Delhi's Revenue Department officially calls this document a Surviving Member Certificate. Both terms refer to the same certificate issued by the Sub-Divisional Magistrate (SDM) identifying the surviving family members of a deceased person.
No fee is required. It is a free service provided by the Delhi Revenue Department.
The Delhi Revenue Department's official response time is 14 to 21 days from the date of application, depending on the processing office, after verification is completed through the Tehsildar.
A completed application form, Aadhaar Card (or PAN/Passport/Driving Licence/Voter Card if Aadhaar is unavailable), a self-declaration from all surviving members in the prescribed format, current residential proof (Voter Card, electricity bill, water bill, or telephone bill), and the Death Certificate of the deceased. All documents must be attested by a Gazetted Officer.
You can apply at the office of the Sub-Divisional Magistrate (SDM) with jurisdiction over your residence, at the office of the concerned Deputy Commissioner (10 AM to 1 PM on working days), or apply online through the Delhi e-District portal.
A Legal Heir Certificate (Surviving Member Certificate) is issued by the Revenue Department/SDM and simply identifies who the surviving family members of a deceased person are - it is used for purposes like mutation, pension, and provident fund claims. A Succession Certificate is a different document issued by a civil court under the Indian Succession Act, and is specifically required to deal with the deceased's movable assets such as bank deposits, shares, and securities. For immovable property inheritance in Delhi, the Legal Heir/Surviving Member Certificate combined with a Partition Deed or Relinquishment Deed is generally the relevant route, not a Succession Certificate.
Yes, generally. When a property owner dies without a Will, a Legal Heir Certificate establishes exactly who the legal heirs are before a Partition Deed (dividing the property among heirs) or Relinquishment Deed (one heir releasing their share) can be properly drafted and registered. Skipping this step risks the deed being challenged later by an heir who was missed.
Yes. If any surviving family member is a minor (below 18), the self-declaration for that minor is submitted by their major guardian on their behalf, alongside the declarations of the other surviving adult members.
Related Services You May Need
Divide inherited property among heirs - just 2% stamp duty on the lower portion.
Rs.100 flat stamp duty for one heir releasing their share to another.
Rs.0 stamp duty - avoid this process entirely for your own heirs.
MCD/DDA Dakhil Kharij - mandatory after any transfer.
Step-by-step guide for siblings/heirs dividing family property.
The complete picture - with or without a Will.
Need Help With the Legal Heir Certificate Process - Or What Comes Next?
We guide you through the Surviving Member Certificate application, and handle the Partition Deed, Relinquishment Deed or mutation that follows - end to end.