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.Siblingsof 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 hechooses 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
Tehsildarofficer.
3.Enter The Details
The applicant then will have toenter 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 applicantwill have toto 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
authorityin 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)Content Reference from
Legal Blog
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