How do I get a legal heir certificate in Delhi?

At a glance

Called

Surviving Member Certificate · SMC

Issued by

Sub-Divisional Magistrate (SDM), Revenue Department

Apply at

e-District Delhi

Reported cost

Not published as a fixed figure by the Revenue Department — expect the stamp paper and affidavit cost rather than a service fee

Reported time

Not published by the Revenue Department; commonly reported at around two weeks online

Cost and time are what families report, not figures the state publishes as a commitment. The Revenue Department publishes the documents and the eligibility but does not publish a fee or a service timeline, so any specific figure you find online is someone's reported experience rather than an official commitment. Ask the SDM office.

What you will need

• Death certificate of the deceased
• Identity proof of the applicant and of every surviving family member
• Proof of present and permanent address
• A signed self-declaration form
• Passport-size colour photographs of the applicant and all surviving family members
• A separate list of surviving members where there are more than four

What is different in Delhi

The naming difference is the whole problem. Banks, insurers and employers across India ask for a "legal heir certificate" using that phrase, and the Delhi Revenue Department does not use it. Take the Surviving Member Certificate and, if an institution objects to the name, ask them to point to where their policy requires a differently-titled document.

Photographs of every surviving member are required, which most state processes do not ask for. Gather them before you start rather than discovering it mid-application.

The applicant must be a resident of Delhi. Where the deceased lived in Delhi but the heirs do not, confirm with the SDM office how they want that handled before filing.

Will this be enough, or do you need a court?

A heir certificate is a revenue document, not a court order, and for most families it is enough. Under the RBI (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025, every bank has to fix a threshold below which it settles a deceased customer’s account without sending the family to court — and that threshold cannot be lower than ₹15 lakh at a scheduled bank, or ₹5 lakh at a co-operative bank.

That is the regulatory floor, not a promise: a bank may set its limit higher, and the figure it applies to your case is the one its own policy names. Ask the branch in writing what their limit is before you assume you need a court.

Below the limit, the bank works from a claim form, the death certificate, identity proof, an indemnity bond and no-objection letters from the heirs who are not claiming. Above it, it can require a succession certificate — a civil court petition that realistically takes six months or more. That gap is the whole reason it is worth asking before you file anything.

Common questions

What is a legal heir certificate called in Delhi?

Delhi does not issue a document called a legal heir certificate. The equivalent is the Surviving Member Certificate (SMC), issued by the Sub-Divisional Magistrate (SDM), Revenue Department. Ask for it by that name — asking for a legal heir certificate is why families are turned away at the counter.

Who issues the surviving member certificate in Delhi?

The Sub-Divisional Magistrate (SDM), Revenue Department. Applications are made through e-District Delhi, or in person at the relevant office.

How long does a legal heir certificate take in Delhi, and what does it cost?

Not published by the Revenue Department; commonly reported at around two weeks online. Not published as a fixed figure by the Revenue Department — expect the stamp paper and affidavit cost rather than a service fee. Both are reported figures rather than a published guarantee. The Revenue Department publishes the documents and the eligibility but does not publish a fee or a service timeline, so any specific figure you find online is someone's reported experience rather than an official commitment. Ask the SDM office.

Will a Delhi surviving member certificate be enough to claim a bank account?

Often, yes — below the threshold the bank has fixed, a heir certificate with an indemnity bond and no-objection letters from the other heirs is usually accepted, and no court order is needed. Above that threshold the bank can insist on a succession certificate from a civil court. Ask the branch in writing which applies to your case before starting anything.

Find out what your case needs

The free check works out what each heir inherits and which documents each institution on your list will ask for — in about two minutes.

Other states

• Legal heir certificate in Tamil Nadu
• Legal heir certificate in Karnataka
• Legal heir certificate in Maharashtra
• Legal heir certificate in Uttar Pradesh
• Legal heir certificate in Kerala

For the national picture — what the certificate proves, and when an institution will want a succession certificate instead — see the legal heir certificate guide.