Legal Heir certificate
6 months ago
I am NRI. Can I make self affidavit declaring my family and children realtion table on a paper and get attested by embassy. will this be considered equivalent to legal heir certificate. It will contain pp, adhar number and relation. Do I need to further attestestion in India. Pls advise.
A.Der Client,
NRIs, along with other legal heirs, are entitled to initiate the application process for this legal heirship certificate in India once they have duly obtained the death certificate of the deceased from the relevant municipal or panchayat office. You can apply for a legal heir certificate online by filling out the application form on the e-portal of the concerned district of the relevant jurisdiction attaching all the required documents and remitting the required fees online at the time of submission of the application forms. An affidavit declaring the particulars of all the legal heirs of the deceased is required along with other documents for the issue of a legal heir certificate. The affidavit duly attested by a notary public of that country is valid in India. However, executing the affirmation by an Indian non-judicial stamp paper outside India is not valid. Instead, you can prepare the affidavit on a plain paper itself. As India is a member of the Hague Apostille Convention, 1961, no further attestation or legalization of a document apostilled by a member country, should be required for using such apostilled document in India. NRIs can inherit any immovable property in India, such as residential, commercial, or agricultural property, from a resident Indian. The transfer of title of the inherited property must comply with Foreign Exchange Management Act (FEMA) regulations. Further, the inheritance of such property does not require permission from RBI and is not subject to any income tax in India.
NRIs, along with other legal heirs, are entitled to initiate the application process for this legal heirship certificate in India once they have duly obtained the death certificate of the deceased from the relevant municipal or panchayat office. You can apply for a legal heir certificate online by filling out the application form on the e-portal of the concerned district of the relevant jurisdiction attaching all the required documents and remitting the required fees online at the time of submission of the application forms. An affidavit declaring the particulars of all the legal heirs of the deceased is required along with other documents for the issue of a legal heir certificate. The affidavit duly attested by a notary public of that country is valid in India. However, executing the affirmation by an Indian non-judicial stamp paper outside India is not valid. Instead, you can prepare the affidavit on a plain paper itself. As India is a member of the Hague Apostille Convention, 1961, no further attestation or legalization of a document apostilled by a member country, should be required for using such apostilled document in India. NRIs can inherit any immovable property in India, such as residential, commercial, or agricultural property, from a resident Indian. The transfer of title of the inherited property must comply with Foreign Exchange Management Act (FEMA) regulations. Further, the inheritance of such property does not require permission from RBI and is not subject to any income tax in India.
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A.Dear Client,
Prepare a detailed affidavit that includes the necessary information about your family members and their relationships. Include names, passport numbers, Aadhaar numbers, and details of the relationships. Before approaching the Indian embassy or consulate, you may want to have the affidavit notarized by a notary public in the country where you are currently residing. This adds an extra layer of authentication. Take the notarized affidavit to the nearest Indian embassy or consulate for attestation. They will verify your identity and may attest the document, making it more credible. Once the affidavit is attested by the Indian embassy or consulate, it can be used for various purposes in India, such as property transactions or other legal matters where proof of family relationships is required. Please note that the acceptability of such an affidavit can vary depending on the specific use and the discretion of the authorities or institutions involved. In some cases, they may request additional documentation or may require the affidavit to be registered or notarized in India.
Prepare a detailed affidavit that includes the necessary information about your family members and their relationships. Include names, passport numbers, Aadhaar numbers, and details of the relationships. Before approaching the Indian embassy or consulate, you may want to have the affidavit notarized by a notary public in the country where you are currently residing. This adds an extra layer of authentication. Take the notarized affidavit to the nearest Indian embassy or consulate for attestation. They will verify your identity and may attest the document, making it more credible. Once the affidavit is attested by the Indian embassy or consulate, it can be used for various purposes in India, such as property transactions or other legal matters where proof of family relationships is required. Please note that the acceptability of such an affidavit can vary depending on the specific use and the discretion of the authorities or institutions involved. In some cases, they may request additional documentation or may require the affidavit to be registered or notarized in India.
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