A surviving member certificate is a legal document that recognizes and determines the legal heirs of a deceased individual, allowing for the inheritance of assets and benefits. These certifications are issued by local authorities in Uttar Pradesh, such as the Tehsildar or District Magistrate. This document, also known as a Surviving Family Member Certificate or Legal Heir Certificate, is critical for ensuring the seamless transfer of assets and the resolution of inheritance disputes.
Importance of a Surviving Family Member Certificate
- Legal Recognition: The certificate certifies the lawful heirs’ right to inherit the deceased’s possessions.
- Asset Transfer: It facilitates the transfer of both moveable and immovable assets, such as property, bank accounts, and insurance claims.
- Dispute Resolution: It is an important instrument for resolving family disagreements about inheritance and succession.
- Access to Benefits: It assists in transferring the deceased’s pension, insurance, retirement, and other benefits to their rightful heirs.
- Claiming Dues: The document allows legal heirs to claim overdue payments such as gratuity, wage arrears, and provident funds.
- Managing financial accounts: It allows for the transfer of bank accounts, mutual funds, and fixed deposits to legal heirs.
Who Can Apply for a Surviving Family Member Certificate?
Any Indian citizen may apply for a surviving member certificate. The person applying must be a Class I legal heir under the Hindu Succession Act of 1925, which includes immediate family members such as spouses, children, and parents. If there is no Class I heir, other family members can apply.
Documents Required to Apply for Surviving family Member Certificate
- Application form.
- Death certificate of the deceased.
- Self-declaration affidavit.
- Identity proof (Aadhaar Card, PAN card, Voter ID, Passport, Driving License, etc.).
- Address proof (Aadhaar Card, Passport, electricity bill, etc.).
- Passport-sized photograph of the applicant and all surviving family members
Applicants often must produce self-attested copies of original documents. Online applications might demand scanned copies of the original self-declaration, along with your original declaration being sent to the relevant body.
How to obtain a Surviving family member certificate
Online Process
- Registration on the E-Portal: The first step of the process is that the users are required to register on the E-District Portal.
- Login: The next step in the process is to log in to the E-Portal and then navigate to the “Apply For Services ” and select the “Surviving Member Certificate” option.
- Filling in the Details: After selecting the Surviving Member Certificate the applicant is required to fill out the application form and then upload the required documents (as discussed above).
- Self-declaration Form: As we have already covered what exactly is a self-declaration form the applicant is required to print a sign and then upload the form on the e-portal.
- Acknowledgement: After uploading the application form an acknowledgement is received which will be useful for the further tracking of the application.
- Issuance of the Certificate: Once the certificate is issued the applicant can collect the Surviving Member Certificate by downloading the Certificate from the E-portal.
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Offline process
- Obtaining the Application Form: The applicant is required to obtain the application form by visiting the office of the Sub-Divisional Magistrate or Tehsildar of the area.
- Arranging all the Necessary Documents: As the next step of the process the applicant is required to arrange for the original death certificate, address proofs, identity proofs, undertaking in the form of an affidavit, etc.
- Applying: The applicant is required to carefully fill out the application form by ensuring that the details mentioned therein are accurate and complete.
- Submitting the Application Form: The applicant is required to submit the application form to the application form issuing authority and then pay any applicable fees upon it.
- Verification of the Application: The authority is required to verify the information so submitted and conduct any further inquiries to confirm the details. The applicant can be contacted if any further information is required.
- Issuance of the Certificate: Once the certificate is issued the applicant can collect the Surviving family Member Certificate.
Affidavit for a Surviving Member Certificate
I Smt. ____________________ w/o _______________ R/o ____________, do hereby solemnly affirm and declare as under:
That Sh. ____________________ S/o ___________________ expired at ______________ on _____________ and death was registered with MCD.
Death Certificate No. _______________ dated ______________ is attached. That after the death of my husband Sh. _______________________, the following are the surviving members of the family.
| SI | Name | Age | Relation with deceased |
| 1 | |||
| 2 | |||
| 3 |
That none other than mentioned above is the survival member in the family.
That survival member certificate is required for submission to the Office of ___________________________.
That this is my true statement
Deponent
Verification: Verified at Uttar Pradesh, this _____________ day ___________ that the contents of the affidavit are true & correct to the best of my knowledge and belief and nothing has been concealed therein.
Deponent
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Where to Apply for a Surviving family Member Certificate?
A Legal Heir Certificate or Surviving Member Certificate can be obtained by writing to the appropriate Taluk/Tahsildar. Example: The Surviving Member Certificate can be given in Uttar Pradesh by the SDM or Tehsildar of the relevant district.
How is a surviving family member certificate issued?
Verification Process
The concerned official will pay a visit to the applicant’s home and confirm the information given with neighbours or local authorities. The official will ensure that the application’s information is accurate.
Approval notification
Once the verification is complete, you will receive an SMS or email notifying you of the approval.
Certificate collection
The applicant can then obtain a surviving family member certificate from the municipality or Tehsildar office. In rare situations, the certificate may be mailed to the applicant’s registered address.
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Conclusion
For the genuine heirs of a deceased person, a Surviving Family Member Certificate is a crucial legal document that guarantees the seamless transfer of assets, the settlement of inheritance disputes, and the availability of benefits.
In order to demonstrate the applicants’ legal rights, the process necessitates extensive paperwork and verification, whether the application is submitted online or offline. Families can safeguard their rights and preserve the deceased’s legacy without needless hassles by acquiring this certificate.
Frequently Asked Questions on Surviving Member Certificate
Q1. What is a Surviving Member Certificate?
Ans1. A Surviving Member Certificate is a legal document that certifies the legal heirs of a deceased individual, enabling them to inherit assets, claim benefits, and settle inheritance matters.
Q2. Why is a Surviving Member Certificate important?
Ans2. This certificate is essential for legal recognition, asset transfer, inheritance dispute resolution, claiming financial benefits, and managing the deceased’s accounts.
Q3. Who is eligible to apply for a Surviving Member Certificate?
Ans3. Any Class I legal heir under the Hindu Succession Act of 1925—such as a spouse, children, or parents—can apply. If no Class I heir exists, other family members may apply.
Q4. What documents are required to obtain a Surviving Member Certificate?
Ans4. Key documents include the deceased’s death certificate, a self-declaration affidavit, identity proof, address proof, and passport-sized photographs of the applicant and all surviving heirs.
Q5. How can I apply for a Surviving Member Certificate online?
Ans5. Register on the E-District Portal, log in, select “Surviving Member Certificate,” fill in the details, upload necessary documents, submit the application, and download the certificate once issued.
Q6. What is the offline process for getting a Surviving Member Certificate?
Ans6. Visit the Sub-Divisional Magistrate or Tehsildar’s office, obtain the application form, submit required documents, fill in accurate details, pay applicable fees, and collect the certificate upon approval.
Q7. How long does it take to get a Surviving Member Certificate?
Ans7. Processing times vary by location, but typically, the certificate is issued within 15–30 days after verification.
Q8. Is a Surviving Member Certificate the same as a Legal Heir Certificate?
Ans8. While both documents identify legal heirs, a Surviving Member Certificate is mainly used for asset transfer and inheritance, whereas a Legal Heir Certificate is often required for claiming government benefits.
Q9. Can I apply for a Surviving Member Certificate if I live outside India?
Ans9. Yes, but you may need to authorize a legal representative in India or submit documents through the Indian embassy to the local authority.
Q10. What happens if there is a dispute regarding the Surviving Member Certificate?
Ans10. In case of disputes, legal heirs may approach the relevant authority for clarification or file a case in a civil court for resolution.
Q11. Surviving Member Certificate Delhi
Ans11. You can approach the SDM of your area or you can also approach the concerned O/o the Deputy Commissioner during 10:00 AM to 1:00 PM on any working day. You can also APPLY ONLINE.
Q12. Surviving Member Certificate download
Ans12. You can download your surviving member certificate from your respective state’s online portal.
Q13. Affidavit for Surviving Member Certificate
Ans13. That the deceased left behind a will dated _________________ bequeathing the after sale property in favour of ____________________________ which is registered/non-registered one. The ‘will’ is genuine and I have no objection to it if the same is acted upon. That the deceased has left behind no will.
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