This article aims to explain in easy words all you need to know about legal heir certificates and their importance in our lives.
Legal Heir Certificates and their importance in our lives: All you need to know. A legal document that emphasizes someone’s relationship with the deceased for the inheritance of property or assets is essential today.
A legal heir certificate is a document that authentically proves a deceased person’s relationship with the other family members. After the death of a family member, their legal heirs need to have an heir certificate. It establishes their right to transfer the assets or property of the deceased family member.
The claimers must apply for it through the municipality/municipal corporation while adhering to all legal norms and procedures. After receiving the death certificate, it becomes essential for the successors to apply for the certificate to get the benefits of an heir certificate from the authorities because it proves their right to claim the deceased person’s properties. An efficient lawyer can help draft and register their heir certificate.
Benefits of Legal Heir Certificate
A legal hire certificate gives the right or authority to claim any assets or property of an expired person. According to the legal authority, any person who possesses that certificate can claim the assets/properties of the deceased person. As a result, all claimants to the succession must have this certificate to prove the legitimacy of their claim to the departed soul’s property. The benefits of having a legal heir certificate can be felt for the following purposes:
- The most important necessity is when a demised person’s property and assets are transferred to his legal heirs.
- Another important necessity is felt while claiming insurance for that expired person. It is when having a legal heir certificate gives the benefit.
- A certificate is also necessary for the claimers if they want to receive the deceased employee’s family pension.
- A legal heir certificate is essential for gaining legal rights to access benefits provided by the government, such as provident funds, gratuity, and others.
- A certificate is necessary when the legal heirs want to receive the salary or any kind of salary arrears from that deceased employee’s account if he worked in a government department.
- Another important benefit is seen when the deceased person’s legal heir likes to obtain employment through compassionate appointments. At that moment, a legal heir certificate can make the steps easy to fulfill the claim.
Who Can Be a Legal Heir?
Anyone who claims to be the legal heir to the property or assets of a family member who died without leaving a will or naming a legal heir. As a result, any individual who has legal heir rights by law or will take the deceased person’s property.
In India, legal heirs are categorically subdivided into two parts—Class I and Class II.
Class I heirs comprise:
- The Wife of the Deceased Person
- Children
- Mother of that individual.
- Class II heirs: But if nobody can prove their authority as Class I heirs, then Class II heirs can claim the property. So,
Class II heirs can be mentioned as follows:
- Father of the deceased person
- Their grandchildren or great-grandchildren
- Siblings of that individual
- Other people in relation to the deceased
What Does a Legal Heir Certificate Contain?
According to the Succession Laws of India, a waris certificate is a document issued by the government that helps identify the relationship between that expired person and their legal heirs. It gives the authority to transfer all their legal assets to their living family members. This certificate is very important because, using it, one can claim any real estate. It also gives the right to transfer financial claims like saving or current bank accounts, provident funds, IT returns, and others.
Necessary Documents to Receive a Legal Heir Certificate
It is important to know that before making any claim, we need a legal heir certificate from the appropriate authority. But we also need some basic criteria which we have to prove before the authority to receive the benefits of a certificate:
- We need a signed application form filled out properly, maintaining all the guidelines.
- Proof of identity or residence of the applicant using either the voter card, Aadhar card, a valid driving license, passport ID, or any other identity card issued by the government of India.
- An affidavit proclaiming the identity
- The death certificate of the expired person
- Address proof of the deceased person (any valid identity proof like a bank account passbook, telephone or mobile bill, gas bill, obviously mentioning the name and address of the deceased person).
- We are providing proof of the date of birth of the legal heir applicants. For example, one can give a PAN card, a passport id card, a birth certificate, a school leaving certificate, etc.
FAQ
How Much Time Can It Take to Issuance a Legal Heir Certificate?
Generally, the issuance of a legal heir certificate takes about 15–30 days maximum. But it may vary if any issues arise.
Is it Required to Give a Penalty on Behalf of the Expired Person?
Yes, one may face a penalty on behalf of the deceased person, but this is uncommon unless a major legal flaw is discovered.
What is the Cost of Obtaining a Legal Heir Certificate?
The respective authority will issue a legal certificate in exchange for a ` 2 stamp and a ` 20 stamp paper.
Who Can Obtain the Legal Heir Certificate?
One can go to the area’s Taluk Tehsildar, municipality office, or the district civil court to get a legal certificate.
Can I Obtain a Legal Heir Certificate Online?
To do so, you must log in to the E-district portal and upload the necessary documents. To view the legal heir certificate online, you must upload your ID proof, death certificate, affidavit, and other necessary documents.
How Can I Sell a Property Owned by Using a Legal Heir
Yes, you have the right to sell a property using your legal heir.
Who Can be the Legal Heir to a Father's Property?
A legal heir to a father's property includes his wife, children, and mother.
Conclusion
Besides these, when any property purchase or registration process is involved, a possible investor must claim a legal heir from the seller to find the property’s authenticity or project. In case there is more than one legal heir involved. All the legal heirs need to sign the deed of conveyance, thereby giving their consent to avoid any future legal issues and to receive the benefits of the legal heir. You may check the Vakilsearch website for any legal heir-related queries for an immediate solution.
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