LEGAL HEIRSHIP CERTIFICATE
After a sudden demise
of a family member, his/her legal heirs must obtain a legal heir certificate in
order for transferring the assets of the deceased. In order to establish the
relationship between the deceased and his/her legal heirs legal heir certificate
is a very important document.
of a family member, his/her legal heirs must obtain a legal heir certificate in
order for transferring the assets of the deceased. In order to establish the
relationship between the deceased and his/her legal heirs legal heir certificate
is a very important document.
After obtaining the death certificate from
municipality/ municipal corporation, it is necessary for the successors to
apply for this legal heir certificate in order to claim their right over the
properties and dues of the deceased person. Generally,a lawyer helps to draft
and register a legal heir certificate.
municipality/ municipal corporation, it is necessary for the successors to
apply for this legal heir certificate in order to claim their right over the
properties and dues of the deceased person. Generally,a lawyer helps to draft
and register a legal heir certificate.
Who
Are Legal Heirs?
Are Legal Heirs?
The persons hereinafter
mentioned are considered to be the legal heirs and can claim a legal heir
certificate in India:
mentioned are considered to be the legal heirs and can claim a legal heir
certificate in India:
1. Parents of the
deceased
deceased
2. Siblingsof the
deceased
deceased
3. Spouse of the
deceased
deceased
4. Children of the
deceased
deceased
How
Legal Heir Certificates Are Different From Succession Certificates?
Legal Heir Certificates Are Different From Succession Certificates?
Legal heir certificates
are different from a succession certificate and has its own limitations.
are different from a succession certificate and has its own limitations.
Legal heir certificates
can be used in matters such as claiming employee benefits, insurance claims and
for property claims.
can be used in matters such as claiming employee benefits, insurance claims and
for property claims.
Unlike Indian
Succession act a legal heir certificate is not a conclusive proof under the law
of succession in India
Succession act a legal heir certificate is not a conclusive proof under the law
of succession in India
Uses
of Legal Heir Certificates
of Legal Heir Certificates
A legal heir
certificate identifies the rightful successors who can claim the
assets/properties of the deceased person.
certificate identifies the rightful successors who can claim the
assets/properties of the deceased person.
To lay a claim over a
deceased person’s property all eligible successors must have this certificate
for:
deceased person’s property all eligible successors must have this certificate
for:
1.Claiming insurance
2.Sanctioning and
processing family pension of the deceased employee.
processing family pension of the deceased employee.
3.Transferring the
deceased person’s assets and properties to his /her successors.
deceased person’s assets and properties to his /her successors.
4.Receiving dues such
as gratuity, provident fund etc from the government.
as gratuity, provident fund etc from the government.
5.Receiving salary
arrears of the deceased.
arrears of the deceased.
6.Gaining employment
based on compassionate appointments.
based on compassionate appointments.
Procedure
For Obtaining Legal Heir Certificate
For Obtaining Legal Heir Certificate
To obtain Legal Heir
certificate You must approach the area/Taluk Thasildar, or from the
corporation/municipality office of your area, and also the District civil
court. The certificate names all legal heirs of the deceased person and will be
issued to you only after a proper enquiry.
certificate You must approach the area/Taluk Thasildar, or from the
corporation/municipality office of your area, and also the District civil
court. The certificate names all legal heirs of the deceased person and will be
issued to you only after a proper enquiry.
To
obtain a Legal Heir Certificate you must follow the steps listed below:
obtain a Legal Heir Certificate you must follow the steps listed below:
1. Approach The Taluk Office
The applicant has to
visit the Tehsildar or Taluk office. An alternate option is when the he chooses
to approach a lawyer from the District Civil Court.
visit the Tehsildar or Taluk office. An alternate option is when the he chooses
to approach a lawyer from the District Civil Court.
2. Receive The
Application Form
Application Form
The applicant will have
to obtain the application form from the concerned Tehsildar officer.
to obtain the application form from the concerned Tehsildar officer.
3. Enter The Details
The applicant then will
have toenter all the required details in the application form.
have toenter all the required details in the application form.
4. Attach The Documents
Once all the details
are entered, the applicant will have to attach all the mandatory documents to
the application form.
are entered, the applicant will have to attach all the mandatory documents to
the application form.
5. Affixing Stamp
The applicant will have
to affix a stamp of Rs. 2 in the application form.
to affix a stamp of Rs. 2 in the application form.
6. Submit the
Application
Application
Ones this is done, he
applicant has to furnish the application form to the authorized officer in the
Tehsildar office.
applicant has to furnish the application form to the authorized officer in the
Tehsildar office.
7. Verification Process
Thereafter the
application is verified by the Village Administrative Officer and Revenue
Inspector.
application is verified by the Village Administrative Officer and Revenue
Inspector.
8. Issuing The
Certificate
Certificate
After
completing all the verification processes, the certificate will then be issued
by the concerned authority mentioning all the legal heirs of the
deceased.Generally it takes 30 days to obtain a Legal Heir Certificate but you
have to approach the Revenue Division Officer (RDO) or the sub collector if
there is an unnecessary delay or the concerned authorities fails to respond.
completing all the verification processes, the certificate will then be issued
by the concerned authority mentioning all the legal heirs of the
deceased.Generally it takes 30 days to obtain a Legal Heir Certificate but you
have to approach the Revenue Division Officer (RDO) or the sub collector if
there is an unnecessary delay or the concerned authorities fails to respond.
Required
Documents To Obtain A Legal Heir Certificate
Documents To Obtain A Legal Heir Certificate
The following documents
are required to be submitted to the appropriate authorityin order to obtain a
legal heir certificate:
are required to be submitted to the appropriate authorityin order to obtain a
legal heir certificate:
Signed application form.
Identity / address proof
of the applicant(voter id /Aadhar card/driving licence/passport or any other
government issued identity card).
of the applicant(voter id /Aadhar card/driving licence/passport or any other
government issued identity card).
A self undertaking
affidavit.
affidavit.
Death certificate of
the deceased.
the deceased.
Address proof of the
deceased( any valid identity proof or telephone/mobile bill, gas bill, bank
passbook with the name and address of the deceased).
deceased( any valid identity proof or telephone/mobile bill, gas bill, bank
passbook with the name and address of the deceased).
Date of birth proof of
all the legal heirs. ( Birth certificate, school transfer/leaving certificate,
PAN card, passport, etc).
all the legal heirs. ( Birth certificate, school transfer/leaving certificate,
PAN card, passport, etc).
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AS – 20122019