Who must be included while applying for a legal heir certificate?

My father passed away a few weeks ago, and I want to obtain a Legal Heir Certificate. The deceased is survived by his wife, two children, and a 96-year-old mother. I would like to understand who must be mentioned as heirs while applying for the Legal Heir Certificate on the e-District website. Should the deceased’s mother also be included as a legal heir, considering that another round of legal formalities may be required after her passing?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 28 Jan 2026

Dear client, as per your query, a legal heir certificate application must first list all direct and surviving legal heirs of the deceased to establish rightful succession and inheritance rights. Typically, this includes the name of spouse, children (sons and daughters), and parents of the deceased. In cases where there are no immediate direct heirs, siblings or other close relatives may also be included to ensure the certificate accurately reflects the rightful claimants. This comprehensive listing is very much essential, as the certificate serves as official proof of the heirs’ legal entitlement to the deceased’s estate or benefits. I hope this answer was helpful. In case of further queries, please do not hesitate to contact us. Thank You.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 26 Dec 2025

Dear Client, You will have to include your father's mother, his wife and two children as the legal heirs. You will require new process after her death and the process is pretty simple as you will just have to approach the Tahsildar office with the legal heir certificate and the death certificate of your grandmother asking for the removal of her status as legal heir to your father. It is mandatory that you include your grandmother as a legal heir until her lifetime. I hope this was helpful. For further queries, please do not hesitate to contact us. Thank you

Admin
Advocate By LEAD INDIA Answered: 25 Dec 2025

While applying for the Legal Heir Certificate, all surviving Class-I legal heirs of the deceased must be mentioned. This includes the wife, children, and the mother of the deceased. The mother remains a legal heir as long as she is alive, irrespective of her age. Future events cannot be presumed, so her name must be included now. A fresh process will be required only after her demise, if needed.
 

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