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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

4 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

4 days ago

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SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Real Estate
  • Tax-Income Tax
  • Civil
  • Partnership
  • Registration
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Real Estate
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Real Estate
  • Property
  • Human Rights
  • Juvenile
  • Sexual Harassment At Workplace
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Real Estate
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile

Anshul Gupta

Lawyer Partne
Exp
South Delhi , Delhi

Specialization

  • Real Estate
  • Property
  • Consumer Protection
Mr. Gupta is a Lawyer registered in the Bar council of Delhi. Mr. Gupta is a top lawyer in home buyers dispute. He is representing Clients in matters against SuperTech, Emmar MGF, Logix, etc , He sees the matters of delayed possession of the property, in RERA, NCDRC, NCLT and Supreme Court View Full Profile

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Real Estate
  • Cheque Bounce
  • Consumer Protection
  • Contracts and Agreements
  • Arbitration and Mediation
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Real Estate
  • Divorce
  • Arbitration And Mediation
  • Adoption
  • Commercial
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

Shabnam Vandeliwala

Advocate
Exp
Surat , Gujarat

Specialization

  • Real Estate
  • Cheque Bounce
  • Administrative Law
  • IT Contracts
  • Landlord And Tenant
I'm a litigating advocate in surat with a standing experience of 2 years. My area of expertise lies in cheque bouncing matters. I also litigate in Civil and Property disputes. I have a good hang of arbitration matters too View Full Profile
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RANPAL AWANA

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Real Estate
  • Cheque Bounce
  • Civil
  • Consumer Protection
  • Criminal
Total Answers Given : 1

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Real Estate
  • Civil
  • Administrative Law
  • Adoption
  • Child Custody
Advocate Robert D Rozario has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has acquired over 15 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Total Answers Given : 784
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  • What is Real estate?
  • Which Laws Govern Real-estate?
  • Where to File a case in case of Developer not following the Real Estate laws?

Real Estate Regulatory Authority (RERA) Bill was presented by the Indian National Congress government in 2013.In December 2015, the Union Cabinet of India had affirmed 20 noteworthy amendments to the bill in view of the proposals of a Rajya Sabha committee that analyzed the bill. The Bill had been alluded to a select committee, which had given its report in July 2015. However, Congress, Left and AIADMK had communicated their reservations on the report through difference notes. The bill got endorsement of the Rajya Sabha on 10 March 2016 and by the Lok Sabha on 15 March 2016.

What is Real Estate?


Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this also an item of real property, more generally buildings or housing in general. Also: the business of real estate; the profession of buying, selling, or renting land, buildings, or housing.

Laws Governing Real-estate


  • The Real Estate Act,2016.
  • Consumer Protection Act,1986.

What Does Real Estate Act,2016 states?


  • As per Section 3 of the act, prior registration of a real estate project with the Real Estate Regulation Authority (hereinafter referred to as the RERA) is mandatory.
  • Section 3(2) provides for certain types of real estate projects to not be compulsorily registered.
  • The promoter needs to present an application for registration of real estate venture along-with recommended charge. Some of the documents to be encased with the Application include brief specifics of Promoter’s enterprise, declaration by a promoter with his affidavit, brief specifics of the project, and so on
  • The promoter has to necessarily make certain declarations in his application itself
  • RERA has the power of taking suo moto decision of revoking a registration under certain grounds
  • Section 9 of the Real Estate Act makes registration of a real estate agent a mandatory activity.
  • The alottee/homebuyer has the right to access information regarding stage-wise time schedule of completion of project, being informed about sanctioned plans, claim allotment’s possession, etc.
  • The Act entails punishment on inability to register real estate venture. It states that if promoter fails to register the undertaking as gave under Section 3 of the Real Estate Act then he shall be subject to a punishment which may stretch out to 10% of the estimated cost of real estate venture.
  • The Act provides punishment for furnishing of false data i.e. details furnished by promoter while registering a real estate venture.

What does Consumer Protection Act,1986 govern in Real Estate?


Consumers in the real estate industry are prone to a higher degree of risk than they are in the other sectors of the economy. Though progressive, the real estate industry is immensely unregulated. It lacks regulations, it lacks the required ethics. Consumers are exploited by taking advantage of these limitations that plague the real estate industry. The housing sector is immensely opaque, due to which consumers are unable to procure complete information or enforce accountability against builders and developers. There exists no binding regulatory body to the industry, which affects it by delaying completion of projects, diversion of funds collected from buyers; one-sided contracts in the absence of adequate supply; reneging on contractual commitments by both the developers and the buyers; and constraints in financing and investment options available to the sector, thereby affecting its long-term growth.

Therefore, the consumer Protection Act,1986 protects consumers from such risks as huge money is involved in real estate matters. Where a purchaser can file a suit if the purchaser finds that the Developer is trying to cheat or take to fraudulent means to gain extra from the pockets of intended purchaser or deviating from the Agreement as made.

In the last couple of years, there has been an enormous upsurge in the real estate sector and buildings are mushrooming everywhere of metropolitan cities in India. Inferable from this extensive development of the sector and consumers' willingness to invest in real estate, the builders have possessed a position of predominance and the arrangement of standard shape contracts or uneven agreements has additionally worsened the situation.

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