How do I get a legal heir certificate in Odisha?

What the certificate is for

A legal heir certificate lists the surviving heirs of a person who has died, according to the revenue officer's enquiry. In Odisha it is commonly used for:

• mutation of land into the heirs' names at the Tahasil (see mutation in Odisha);
• claims for family pension, provident fund, gratuity and other dues, though for state government employees Odisha announced in 2019 that dues would be paid on the basis of the service book nomination without a legal heir certificate;
• transfer of utility connections, small deposits and similar records; and
• as supporting evidence in a partition or succession matter.

It records who the heirs are. It does not decide how much each heir gets, who owns a particular property, or whether a will is valid. Shares depend on the applicable succession law; see how property is divided without a will.

The governing rules

The Odisha Miscellaneous Certificates Rules, 2017, notified by the Revenue & Disaster Management Department, replaced the 1984 Rules. Under them:

• Tahasildars and Additional Tahasildars are competent revenue officers to issue the certificate.
• The application is made in the form prescribed for a legal heir certificate (Form No. 2 under rule 4).
• The officer opens a case, checks the papers and records, and may enquire personally or call for a report from a subordinate officer.
• A proclamation inviting objections to the list of heirs is published, and objections may be filed within 15 days.
• The application should be disposed of within 30 days, not counting the objection period.
• The certificate is permanent unless modified or cancelled by a competent authority.
• An appeal against the order lies to the Sub-Divisional Officer (Sub-Collector) within 30 days.

The state's public services notification under the Odisha Right to Public Services Act, 2012 also lists the legal heir certificate as a 30-day service, with the Sub-Collector as appellate authority if it is not delivered on time.

Where to apply

1. Online: on the e-District Odisha portal, by registering, choosing the legal heir certificate service, entering the details of the deceased and the heirs, and uploading the papers. The digitally signed certificate is downloaded from the portal once issued.
2. At a Common Service Centre, which files the same online application for you. The state abolished government fees for these certificates in November 2019, but service centres may charge a service fee.
3. At the Tahasil having jurisdiction over the place where the deceased ordinarily lived.

Papers usually needed

• Death certificate of the deceased, issued by the registrar of births and deaths.
• Details of every heir: name, age, relationship, address, and whether alive. Include married daughters, children of a predeceased son or daughter, and the mother of the deceased where alive.
• An affidavit or self-declaration on the family members, as the Tahasil requires.
• Identity and address proof of the applicant, such as Aadhaar, voter ID or ration card.
• A copy of the Record of Rights if land stands in the deceased's name, and the service book for a government employee.

The most common reason for delay or later challenge is leaving out an heir. A certificate obtained by omitting a person entitled to be named can be cancelled, and transactions based on it can be questioned.

Situations that need extra care

• An heir living outside Odisha or abroad. Their details still go into the application. Where their signature or consent is needed later, for mutation or a partition, a properly executed power of attorney or appearance in person may be required.
• A minor heir. The minor is named as an heir. Selling or dividing a minor's share of land later needs care and, for a sale, generally the court's permission.
• More than one spouse, or children from different marriages. Whether each is an heir depends on the personal law and the validity of the marriage. Expect objections and keep marriage records ready.
• A will exists. A legal heir certificate does not give effect to a will. See wills and probate in Odisha.
• Bank deposits and shares. Where the institution asks for a court document, see succession certificate in Odisha.

What happens if someone objects

If an objection is filed within the notice period, the officer hears both sides. Where the objection raises a real dispute, for example over whether a person is a legitimate child or widow, or over a will, the revenue officer may decline to decide it and leave the parties to the civil court.

Legal heir certificate, succession certificate and probate

Banks and companies sometimes accept a legal heir certificate with indemnities for smaller amounts and ask for a succession certificate for larger ones. Whether probate of a will is compulsory depends on where the will was made and where the property is, so check that on the facts.

After you get the certificate

• Apply for mutation of each plot at the Tahasil, attaching the certificate and death certificate.
• If the heirs want to divide the land, use a registered partition deed or the Tahasil partition route (see partition of family land).
• Keep several certified copies; many offices keep the copy they are given.

Related work handled is described under land and property.

Frequently asked questions

Official sources

• Odisha Miscellaneous Certificates Rules, 2017 (IGR Odisha copy)
• e-District Odisha portal
• ORTPS notification listing Revenue services and time limits
• Dhenkanal district: legal heir certificate service page
• Indian Succession Act, 1925 (India Code)

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.