An asset or property's rightful heir is determined by the legal heir certificate when the registered owner suddenly dies. The legal heir certificate, also known as a successor certificate, shows to whom the property should be transferred. After talking to the right heirs, the Tahsildar issues the legal heir certificate.
Overview to Legal Heir Certificate
Death is the most uncertain variable of all the variables we are surrounded by. It could happen to anyone at any time. And preparing a will is something most people don’t think about until much later in life. So when someone faces sudden demise, with no legal will or last testament, the person is said to have died intestate. Lets look more further in this piece about legal heir certificate.
In such situations, there are two possibilities. The family members dispute the deceased’s assets, or there is no dispute, and there is a clear legal heir. When there is a dispute, laws and regulations are brought into effect to resolve such a dispute over the deceased’s estate. But when there is no dispute as to the inheritance of the deceased’s assets, then the process is straightforward.
But this requires a legal procedure before the ownership of the deceased’s assets is passed on to the rightful heir. This legal procedure involves the procurement of something known as the ‘legal heir certificate’, which is issued by the authorities to certify that the certificate holder is the undisputed heir of the deceased for all legal purposes. Let us better understand what exactly a legal heir certificate is.
What is it ?
A legal heir certificate, also known as an ‘heirship’ certificate, is a document issued by the government authorities declaring the holder of the certificate to be the undisputed legal heir of a deceased person, thereby transferring ownership rights of all assets owned by the deceased to the heirship certificate holder.
Difference Between Succession Certificate And Legal Heir Certificate
There is a fine line of difference between both. In the above definition, we have mentioned that an heirship certificate gives the certificate holder ownership rights over all the deceased’s assets. But there is one restriction here. As per the law, assets are restricted to moveable assets only when it comes to an heirship certificate. To attain ownership rights over the deceased’s property, one has to obtain a ‘succession certificate’. And unlike the heirship certificate, which the municipal corporation issues, the succession certificate is issued by the court after the legal heir files a petition.
People Who Can Claim For Certificate
The legal heir certificate online and offline options follow the same rules, and the people applying for it can use any of the methods. But, the claim for the legal heir certificate is valid only for only a few people who include the following:
Deceased’s
- Spouse
- Children
- Parents
- Siblings
Purpose Of Certificate
The heirship certificate, also called a Varisu certificate, serves various purposes, which include the following:
- Claim for the insurance of
- the deceased
- Transfer of the assets of the deceased into the successor’s account
- Sanction of the family pension of the employee and the further process for the same
- Taking the government dues of the deceased
- For government employees, applying for the salary or pension of the employee.
- Taking employment in case of such provisions
- Inheriting the bank balance of the deceased
- Taking the provident fund benefits of the deceased
Procedure For Getting Certificate
Getting the legal Varisu certificate is no tough nut to crack until all the accurate and original information is provided, avoiding bluffing the government. The application for the legal heir certificate can be made using both online as well as offline methods. Legal Heir Certificate – Proforma of legal heir certificate. Applying for legal heir certificate online
The steps to apply for the legal heir certificate online are as follows:
- The first step is registering the legal heir on the income tax online portal.
- Next, click on the option’ register as a representative’ option.
- Choose the option that says ‘new request’ from the drop-down list.
- Now choose the option ‘register on behalf of another person’.
- After completing all these steps, the heir is required to provide all the details of the deceased person.
- After furnishing all the documents’ details, the original documents’ soft copies have to be uploaded onto the portal for verification.
- Then, finally, click on the ‘submit’ button on the form.
- Once the process is completed, it is verified and approved by the e-filing administrator. All the details are further provided by mail.
Applying Offline
While the legal certificate online is quite an easy process, the offline process is still applicable, the steps for which are as follows:
- To get the certificate, the individual has to approach the municipal corporation in the urban areas and the Talukas in the rural areas.
- To get the certificate issued, an application has to be submitted by the heirs of the deceased. Additionally, it is mandatory to attach the application along with the application.
- Also, the individual has to submit an affidavit.
- The inspection process for the Varisu certificate takes place within 30 days, and the heir receives the legal heir certificate.
Required Documents
The list of documents that have to be submitted by the heir includes the following:
- Signed application form
- Applicant’s/heir’s ID proof and residential proof
- Deceased’s death certificate
- Undertaking the affidavit of the heir
- Proof of the date of birth of the heirs applying for the certificate
- Deceased’s residential proof
Conclusion
Getting certification from any government authority is a long and tedious process. Verifying the claims needs to be done thoroughly before certifying it legally, given that the issuance of these certificates has significant legal consequences. Any mistakes in the formalities can further delay an already cumbersome process. So, while preparing the paperwork, it is best to seek the guidance and advice of an expert who is fully experienced with applying and procuring certificates, especially while dealing with municipal authorities. If you have any questions about any certification or need assistance obtaining some kind of certificate, then get in touch with us. We will ensure that you receive the right kind of assistance with your requirements.
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