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HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA?

HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA ?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. 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. WHO ARE LEGAL HEIRS? The persons hereinafter mentioned are considered to be the legal heirs and can claim a legal heir certificate in India : 1. Parents of the deceased2. Siblings of the deceased 3. Spouse of the deceased4. Children of the deceased HOW LEGAL HEIR CERTIFICATES ARE DIFFERENT FROM SUCCESSION CERTIFICATES? Legal heir certificates 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. • Unlike Indian Succession act a legal heir certificate is not a conclusive proof under the law of succession in India USES OF LEGAL HEIR CERTIFICATESA legal heir 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 :1. Claiming insurance2. Sanctioning and processing family pension of the deceased employee. 3. Transferring the deceased person’s assets and properties to his /her successors. 4. Receiving dues such as gratuity, provident fund etc from the government. 5. Receiving salary arrears of the deceased. 6. Gaining employment based on compassionate appointments. PROCEDURE FOR OBTAINING LEGAL HEIR CERTIFICATETo 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. To obtain a Legal Heir Certificate you must follow the steps listed below:1. APPROACH THE TALUK OFFICEThe 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.2. RECEIVE THE APPLICATION FORMThe applicant will have to obtain the application form from the concerned Tehsildar officer.3. ENTER THE DETAILSThe applicant then will have to enter all the required details in the application form.4. ATTACH THE DOCUMENTSOnce all the details are entered, the applicant will have to attach all the mandatory documents to the application form.5. AFFIXING STAMPThe applicant will have to to affix a stamp of Rs. 2 in the application form.6.SUBMIT THE APPLICATIONOnes this is done, he applicant has to furnish the application form to the authorized officer in the Tehsildar office.7. VERIFICATION PROCESSThereafter the application is verified by the Village Administrative Officer and Revenue Inspector.8. ISSUING THE CERTIFICATEAfter 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 CERTIFICATEThe following documents are required to be submitted to the appropriate authority in 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) • A self undertaking affidavit• Death certificate of 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) • Date of birth proof of all the legal heirs. ( Birth certificate , school transfer/leaving certificate, PAN card, passport, etc)

Posted By

Sayaree Ganguly

6 days ago

MATERNITY BENEFITS AND THE NEW CHANGES

MATERNITY BENEFITS AND THE NEW CHANGES. Maternity relates to a state of being a mother. Maternity leave is given to a woman who is pregnant and is allowed to be absent from work in the weeks before and after she gives birth to a child.In this blog, I shall be discussing about the maternity benefits and the new changes that has been introduced in the present era.INTRODUCTION Today there are plenty of women employees ballooned within the markets in India. It was obvious and the need for maternity benefits became an increasingly common trend which is initiated for the well- being of the mother and her child. It was in 1961, that the Maternity Benefit Act 1961, which aimed at regulating equal benefits for women employees was passed by the then Indian Government. There were several international organizations which recommended a maternity leave for minimum 24 weeks for the welfare of both the mother and the child.THE AMENDMENTThe Maternity Bill is an amendment to the Maternity Benefit Act, 1961. It was passed in the Rajya Sabha on August 11, 2016; on March 09, 2017 in Lok Sabha and finally received an assent from the President of India on March 27, 2017.It is from April 1, 2017 that the provisions of The Maternity Benefit Act, 2017 are effective.The Maternity Benefit Act 1961 had laws to protect the employment of a women during her maternity period and she got entitled to maternity benefit which means full paid absence from work so that she can take care of her child. This Act is applicable to all the establishments employing 10 or more employees. NEED FOR MATERNITY BENEFITS1.    The foremost reason for availing maternity benefits is to help a new mother adjust with her new role and to protect the health of the mother along with the well-being of the child.2.    Moreover, maternity leave is essential for strengthening families and also helps in inculcating the right values in infants.3.    In this competitive world where both the spouse have to work for a decent living, the fact remains unavoidable that this situation has led to more women joining the work field and thus they have to juggle multiple roles in the family.Thus, Maternity leave and other such benefits permit women to play various roles like providing financial support to the family and also allowing them to stay at home in between the formative years of the child. APPLICABILITYThis act is applied to all the women who work in an establishment having 10 or more employees, engaged directly or through a consultant. Dismissal of a pregnant woman is considered unlawful. In case any employer dismisses a female employee on the grounds of pregnancy and is found guilty of doing so shall be punished under section 12 of the Maternity Benefit Act, 2017. DURATION OF LEAVEThis Act increases the length of the paid maternity leaves to 26 weeks from 12 weeks and this period is applied to women nurturing their first or second child. In case a women is expecting her third child or higher will get a paid maternity leave for a period of 12 weeks which is further split in the form of 6 weeks pre- delivery and 6 weeks post-delivery.This act now is even applicable to adoptive mothers and so every such mother is liable to receive 12 weeks of paid maternity leave.To add to the benefits, this act has even introduced a new option which is ‘work from home’ options for the new mother. Through this, women can opt to work from home as per the requirement after the stipulated time period of 26 weeks. CRECHES FACILITYThis act makes it compulsory for factories and shops which have employed more than 50 women to have within the factory a crèche facility and women employed in the establishment should be permitted to use this facility at least four times in a day. AWARENESSThis act makes it mandatory for the shop owners and employers to create awareness about the benefits and ensures that the eligible women get their rights and all such information must be made accessible to employees either in writing or electronically. MAJOR CHANGES IN THE PRESENT ERA·      The duration of paid maternity has been increased now from 12 weeks to 26 weeks.·      The accessibility to the paid leave has now been extended to eight weeks before the expected due date instead of the previous six weeks.·      This benefit has now been extended to commissioning and adoptive mothers.·      ‘Work from home’ option has been introduced which can be opted after the expiry of the paid leave period for which terms and conditions have to be negotiated by the employer.·       It is now compulsory for the establishments having more than 50 employees to have an in-house crèche facility.·      Women have permission to use the crèche facility for a maximum of four times a day.·      Education of women about their rights to such benefits is now mandatory. SIGNIFICANCEThe paid leave has been extended from 12 weeks to 26 weeks which is a welcome change that goes in line with the commended time for such leave as prescribed by the World Health Organization (WHO). This extension eventually helps in nurturing the healthy development of both the new mother and the infant. Also, as per the latest amendment in accordance with practice suggested by the Maternity Protection Convention, 2000 which further indicates at least 14 weeks of maternity benefits for a new mother. Moreover this change in the present era has helped to improve India’s rank concerning benefits provided to mothers. India now ranks third worldwide after Canada and Norway in the number of benefits provided to women. DISADVANTAGES·      Many scientists believe that these changes encourages patriarchy as it shifts the responsibility of childbearing towards the mother.·      Many firms do not allow women to apply for job vacancies as they will eventually have to extend these privileges to them at the time of childbirth and thus this has an adverse impact to the job opportunities available to women.·      In many cases it is found that such provisions lack clarity and thus, making implementation becomes difficult.CONCLUSIONDespite of the fact that the maternity benefits available to women is increasing and is a welcome step, the government needs to make sure that the industries do not lose their competitiveness because of such provisions. In case the government could help in bringing about more uniformity in labo laws involving maternity benefits, it would result in serving women all over India in handling responsibilities entitled to them.     

Posted By

Neha Roy

6 days ago

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anil reddy s

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Bangalore , Karnataka

Specialization

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Total Answers Given : 14

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Work Permits
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Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Work Permits
  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
18 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases. View Full Profile

Ashish K Dongre

Advocate
Exp
Thane , Maharashtra

Specialization

  • Work Permits
  • Adoption
  • Maternity
  • Media, Communication, Entertainment
  • Police Laws
12 Years of qualitative experience in legal field, Represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, ,manage or advise clients on legal transactions, Specialization in Family law, divorce proceeding ,Property Matters etc.. View Full Profile
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Juhi Purohit

Managing Partner
Exp
Delhi , Delhi

Specialization

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  • Contracts and Agreements
  • Corporate and Incorporation
  • Partnership
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Juhi Purohit is a Company Secretary in Practice and lawyer, started her own practice in New Delhi 2017. She is a law graduate and also accomplish bachelor degrees in E- commerce. View Full Profile

Murugesh Ramiah

Partner
Exp
Bangalore , Karnataka

Specialization

  • Work Permits
  • Family
  • Contracts and Agreements
  • Landlord and Tenant
  • Will
Assuredjustice.com is a technology driven legal services provider. Our practice areas include Family law, Real Estate, Mergers & Acquisitions, Civil law, Corporate Law, NCLT, CAT, Consumer Courts, Labor & Employment Law, Patents, Trademarks & Intellectual Property. View Full Profile

Sunil Srivastava

Advocate Civil court Gorakhpur
Exp
Gorkakhpur , Uttar Pradesh

Specialization

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I have been practicing at Civil court Gorakhpur Uttar pradesh for 30 years. View Full Profile

Chandrashekhar Vithal Jadhav

Advocate & Legal Advisor
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Bangalore , Karnataka

Specialization

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Total Answers Given : 6

Deepak Bade

Lawyer and legal associate
Exp
Nanded , Maharashtra

Specialization

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  • Criminal
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Practicing lawyer and legal associate in district court nanded and washim, JMFC CJJD court nanded,washim,mangrulpir,manora. View Full Profile
Total Answers Given : 2177

Nilanjan Chatterjee

ADVOCATE
Exp
Howrah , West Bengal

Specialization

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Experience in Handling Property Matters including Filing of Cases, Advice and Consultations,Registration of Documents and Drafting of Deeds,Also having expertise in Criminal Bail matters and Domestic Violence also matters of Divorce ,Separation and Maintenance Also Expertise in Motor Accident Claims View Full Profile
Total Answers Given : 310
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  • What is Work Permit Laws?
  • What are the Laws applicable to Work Permit?
  • What is Business Visa?
  • What is Employment Visa?

What is Work Permit Laws?


Non-nationals of India require the appropriate form of permission from the Indian government to carry on their work. These permissions are regulated by the Work Permit Laws. There are two major visas for those non-nationals planning on working in India, they are the ‘Business Visa’ & the ‘Employment Visa’.

What are the applicable laws to the Work Permit?


  • Double Taxation Avoidance Agreement
  • 1950 Indo-Nepal Treaty of Peace and Friendship – Work Visa not required for Nepal’s citizens
  • Passport (Entry into India) Act 1950
  • Registration of Foreigners Rules 1992
  • Foreigners Act 1946

What is Business Visa?


Business visa is given strictly to those who make business related trips to India such as making sales or establishing contact on behalf of the company outside India.

To be eligible for Business visa, applicant should satisfy the following conditions:

  • The applicant should be a person of assured financial standing and has expertise in the field of the intended business.
  • The applicant is not visiting India for the business of money lending or petty trading or for a full-time employment in India including payment of salary in India.
  • The applicant will have to comply with all other requirements like payment of tax liabilities etc.
  • The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

What is Employment Visa?


Employment Visa (E) Employment visas are issued to foreigners who are working in India, for an organization registered in India. Employment visas are usually granted for one year, or the term of the contract. It can be extended in India.

Features of Business Visa:


There are certain conditions for fulfilment for the grant of a Business Visa. Some of them are-

  • Foreign national must have valid travelling documents and a re-entry permit if required under the law of the country of nationality of the applicant
  • Foreign national must comply with requirements such as payment of tax liabilities and other things as required by law of the land.
  • Grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.
  • Foreign nationals coming to India for recruitment of manpower are eligible for Business Visa
  • A Business Visa can be granted for a period up to 5 years or a shorter duration as per requirement. Indian Missions abroad can grant Business Visa with 10 years validity to Nationals of the United States of America, however, it should be issued with the stipulation that each visit shall not exceed 6 months.
  • For Business Visas, not for a period less than 5 years, to get extension, the following should be satisfied-
    • Gross Sales/turnover from business activities isn’t less than Rs. 1 Crore per annum(within 2 years of setting up the business)
    • 1st extension to be granted by the Ministry of Home Affairs, with further extensions (if required) being granted by the State Govt./ Union Territory Administration/ FRROs/ FROs. The period of extension shall not be beyond 5 years from date of issue of Business Visa.
  • Documents required for application for a Business Visa-
    • Valid travel document and a re-entry permit, if required under the law of the country concerned
    • Proof of financial standing and expertise in the field of intended business
    • Documents/papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

Features of Employment Visa


There are certain conditions for fulfilment for the grant of an Employment Visa. Some of them are-

  • The applicant must be a highly skilled and/or qualified professional who is being engaged or appointed by an organization in India on contract or employment basis
  • Employment Visa shall not be granted for jobs for which qualified Indians are available, it shall also not be granted for routine, or clerical jobs
  • Foreign national must comply with legal requirements like payment of tax liabilities.
  • Foreign national having the employment visa must be drawing the a salary in excess of US $ 25,000 per annum with the exception of (a) Ethnic Cooks, (b) Language Teachers/Translators, (c) Staff working for an Embassy
  • Duration of an employment visa may be up to 5 years, multiple employments visa’s for a period of 180 days or less may be issued.
  • Documents required for application of Employment Visa –
    • Valid travel document and a re-entry permit, if required under the law of the country concerned.
    • Proof of the employment of the foreign by a relevant organization
    • Documentary proof of his educational qualifications and professional expertise
  • No change of employer shall be permitted during the currency of the Employment Visa within India except in respect of charge of employment between a registered holding company and its subsidiary and vice-versa or between subsidiaries of a registered holding company.

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