Surviving Member Certificate

A Surviving Member Certificate or Legal Heir Certificate is a legal document issued by the States revenue department. Its essential purpose is to mention the legal heirs of the deceased. The certificate is crucial during the division of assets, insurance claims and other benefits. A surviving member certificate is an important document confirming the status of members in a deceased person's legacy. As per The Indian Succession Act 1925, if a person dies intestate (without writing a will) his/her surviving members will need to obtain a certificate from the concerned authorities proving they are left behind by the deceased person.

Purpose & Uses of Surviving Certificate:

• Legal Recognition: It formally acknowledges the legal heirs and their relationship with the deceased.

• Asset Transfer: It facilitates the smooth transfer of the deceased's movable and immovable assets like property, bank accounts, and insurance claims to the rightful survivors.

• Claiming Benefits: It helps surviving family members claim pensions, insurance payouts, retirement funds, gratuity, and other government benefits.

• Establishing Relationships: The certificate serves as valid proof of the relationship between the surviving members and the deceased.

• Avoiding Complications: It helps prevent legal hurdles and complications during inheritance processes, especially when there is no will.

• Streamlining Processes: It simplifies procedures for transferring utilities, property titles, and accessing financial accounts.

How to Obtain in Delhi:

• Application: Legal heirs need to submit an application to the local revenue office (Tehsildar/SDM office). You can often obtain the application form online through the e-District portal of your state (e.g., e-District Delhi).

Documents Required in Delhi:

1. Duly filled and signed application form.

2. A Self-declaration or affidavit by the surviving family members.

3. Death certificate of the deceased.

4. Copy of government-issued valid identity and address proof (Pan card, Voter card, Aadhaar card, Driving license, and Passport) of the applicant and all the surviving members.

   Copy of government-issued valid identity and address proof (Pan card, Voter card, Aadhaar card, Driving license, and Passport) of the deceased.

5. Passport-sized photographs of the applicants and surviving family members.

6. Other documents as specified by the issuing authority.

• Verification: The authorities will verify the submitted documents and may conduct a local inquiry.

• Issuance: Once the verification is complete, the Surviving Member Certificate will be issued. This may take around 14 working days in Delhi.

Format & Information:

The format of the Surviving Member Certificate typically includes:

• The issuing authority's details (e.g., Revenue Department, Government of NCT of Delhi).

• Certificate number and date of issue.

• Details of the deceased (name, father's/husband's name, date and place of death).

• A table listing the surviving family members, including their name, age, and relationship with the deceased, often with their photographs.

• Digital signature and designation of the issuing authority.

It's advisable to consult a legal expert to ensure you follow the correct procedures and provide all necessary documentation.

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