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HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA?

Sayaree Ganguly
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 deceased


2. Siblings of the deceased

 

3. Spouse of the deceased


4. 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 CERTIFICATES


A 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 insurance


2. 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 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.


To 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.


2. RECEIVE THE APPLICATION FORM

The applicant will have to obtain the application form from the concerned Tehsildar officer.


3. ENTER THE DETAILS

The applicant then will have to enter 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.


5. AFFIXING STAMP

The applicant will have to to affix a stamp of Rs. 2 in the application form.


6.SUBMIT THE APPLICATION

Ones this is done, he 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.


8. ISSUING THE 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.


REQUIRED DOCUMENTS TO OBTAIN A LEGAL HEIR CERTIFICATE


The 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)


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