How to get a Legal Heir Certificate In India
In the event of a family member's untimely death, a legal heir certificate must be issued to transfer the deceased's estate to his or her legal heirs. A legal heir certificate is a crucial document that establishes the deceased's relationship with his or her legal heirs. After obtaining a death certificate from the municipality/corporation, the heirs may apply for this legal heir certificate to assert their claim to the deceased person's property and debts. Usually, attorneys aid with the preparation and registration of a legal heir certificate.
To claim such properties, a legal heir certificate is a vital 'post-death document that establishes the relationship between the deceased and legal heirs, as well as who the legal heirs are. One legal heir may apply for the certificate, but he or she must fill out the specified application form with the names of all potential legal heirs.
When the deceased has not designated a nominee, a valid heir certificate determines the relationship of the heirs to the deceased for claims relating to pension, provident fund, gratuity, or other service benefits of central and state government agencies. Such certificates are accepted by banks and private companies for the transfer of deposits, balances, portfolios, and securities, among other things.
Who are the legal heirs?
The following individuals are considered legal heirs and are entitled to obtain a legal heir certificate in India:
1.Parents of the deceased
2.Siblings of the deceased
3.Spouse of the deceased
4.Children of the deceased
Application procedure for legal heir certificate in india
The area/taluk Thasildhar, the corporation/municipality office of the respective area, and the district civil court may all provide legal heir certificates.
This certificate lists all of the deceased person's legal heirs and is only released after a thorough investigation. The measures of getting a legitimate heir certificate are as follows:
You must take the steps outlined below to receive a Legal Heir Certificate:
1. Make a request to the taluk office
The applicant must go to the office of the Tehsildar or Taluk. Alternatively, he can also approach a lawyer to get the certificate through the District Civil Court.
2. Complete and submit the application form
The applicant must receive the application form from the Tehsildar officer in charge.
3. Fill in the details
The applicant must then fill out the application form with all of the necessary information.
4. Attach the documents in
After entering all of the information, the applicant must attach all of the required documentation to the application form.
5. Affixing stamp
A stamp of Rs. 2 must be affixed to the application form by the applicant.
6.Fill out and submit the application
After that, the applicant must submit the application form to the Tehsildar office's approved officer.
7. The process of verification
The Village Administrative Officer and Revenue Inspector then verify the application.
8. Issue of the certificate
In most cases, receiving a valid heir certificate takes 30 days. If the certificate is not received on time or the responsible authorities do not respond, you should contact the Revenue Division Officer (RDO)/sub-collector.
Documents required to apply for legal heir certificate
The following documents are required in order to receive a valid heir certificate:
Signed application form
Identity/Address proof of the applicant
Death certificate of the deceased
Date of Birth proof of all legal heirs
A self-undertaking affidavit
Address proof of the deceased
Please note the following points while submitting the documents:
Applicant's identity proof may be a voter's ID, an Aadhaar card, a driver's licence, a passport, or some other government-issued identification card.
Any legitimate identity proof or telephone/mobile bill, gas bill, or bank passbook with the legal heir's name and address may be used as proof of the legal heir's address.
A birth certificate, a school transfer/leaving certificate, a PAN card, or a passport may all be used to confirm the legitimate heir's date of birth.
What are the uses of a legal heir certificate?
The legitimate heirs to the deceased person's assets/properties are identified by a legal heir certificate.
All qualified heirs must have this certificate to make a claim on a deceased person's property:
Approving and processing the deceased employee's family pension.
Transferring the estate and properties of the deceased person to his or her heirs.
Receiving government dues such as gratuity, provident fund, and so on.
Receiving the deceased's salary arrears
Getting a job by compassionate appointments.
Know the difference between legal heir certificate and succession certificate?
A legal heir certificate is not the same as a succession certificate, which is usually issued by the civil court and requires separate procedures. The following are the major distinctions between these two certificates:
The use of a legal heir certificate is restricted to particular cases such as claiming deceased employment compensation, making insurance claims, and registering real estate.
Under Indian succession rule, a valid heir certificate is not definitive evidence.
A succession certificate is required for the settlement of any property that is contested or is the subject of court proceedings.
Question & Answers
Q: How much time does the department take to issue a legal heir certificate?
A: The concerned department takes a maximum of 30 days to issue the legal heir certificate.
Q: Is the legal heir certificate and Succession certificate different?
A: Yes! Both documents are different and have different purposes. The detailed difference between the two is explained above in the article.
Q: Does one need legal heir certificate to claim inheritance?
A: Yes! All legal successors must have a legal heir certificate along with the Succession certificate to claim inheritance in the property of the deceased.
Q: How much stamp should be fixed with the application?
A: An Rs. 2 stamp must be affixed with the application form at the time of submission. Without this stamp, your application will not be valid.
Q: Is a legal heir certificate a must for getting a job on compassionate grounds?
A: Yes! Government departments offer jobs only to the legal heir with a valid certificate on compassionate grounds.