A legal heir certificate is an important document to validate the relationship between the departed person and their legal heir. This article provides insight that will help you avoid the ‘legal heir certificate online apply’ scam
Legal heir certificate online scam have become a growing concern for individuals seeking to secure their inheritance rights. In this article, we explore the risks associated with these scams and provide valuable insights to help you protect yourself from falling victim to fraudulent practices. Stay informed and safeguard your assets.
What is Legal Heir Certificate?
A surviving member of a deceased person’s family is a legal heir in a certificate. The following individuals may be a legal heirs under Indian law:
- The deceased person’s father
- Death’s mother’s name
- Deceased individual’s spouse
- Deceased person’s daughter
- The deceased’s son
A legal heir certificate is a government-issued document. It identifies who inherits from someone who has passed away. The legal heir certificate helps with:
- Transferring property
- Claiming insurance benefits
- Accessing bank accounts
Handling legal matters related to the deceased person’s assets and debts.
It proves who should inherit from the deceased individual.
A legal certificate can be used for Insurance claims, gratuity and provident fund pension claims, any Central or State Government Schemes claims, or to get employment on compassionate grounds and to transfer assets of the departed person. This certificate can be obtained either online or offline. The following information will help you to prevent a legal heir certificate online scam.
Who can Issue a Legal Heir Certificate?
Here are a few points you must know:
- A legal heir certificate is issued by government authorities.
- The specific department may vary based on the country or region’s legal system.
- The application needs to be submitted with supporting documents. Also, the evidence of the relationship with the deceased.
- Required documents may include a death certificate, proof of relationship, identification documents, and other paperwork.
- Consulting local government authorities or seeking legal assistance is recommended.
Where to Find Legal Heir Certificate?
You can normally receive the legal heir certificate from the relevant government agencies in your area, such as:
- The revenue department
- Tahsildar office
- Sub-registrar office.
It is wise to stop by or get in touch with these government agencies. This is to learn more about the prerequisites for obtaining a legal heir certificate.
Why and When Legal Heir Certificate is Required?
- A legal heir certificate is required to establish the rightful heirs or successors of a deceased individual.
- It is needed for property transfers, such as inheriting or selling property.
- It is necessary for claiming insurance benefits related to policies held by the deceased.
- To access bank accounts or financial assets of the deceased, a legal heir certificate may be required.
- It helps in settling any outstanding debts, loans, or liabilities left by the deceased.
- For government pensions or benefits, a legal heir certificate is often necessary for the transfer or continuation of these benefits.
- In legal proceedings or disputes involving the estate of the deceased, a legal heir certificate is required to establish the rightful heirs and their claims.
Can You Register for a Legal Heir Certificate Online?
One can fill out the legal heir certificate online application form by logging into the website of the e-district portal of your respective district. Any individual can access this E-district portal website and fill out the form and attach the specified documents.
Documents needed for applying legal heir certificate are
- Applicant’s ID proof
- Original Death Certificate of the departed person
- Deceased person’s address proof
- Date of Birth, proof of birth of all legal heirs
- Address proof of all legal heirs
- Affidavit from Notary Public
- Court fees of ₹1.25
- To obtain a Legal heir certificate from the District Collector’s office, need to get a letter from the Government Department of the Deceased Employee.
Are Online Legal Heir Application Websites Scams?
We cannot say that all online websites are a scam. There are many proper websites available online. Through one such kind of valid website, one can apply for a legal heir certificate online.
Different Types of Legal Heir Certificate Scams
Fake Death and Legal Heirship Records
To falsely claim assets and benefits, con artists may fabricate death and legal heirship records and pose as legitimate heirs. To trick the authorities and get access to the deceased person’s possessions or bank accounts, they falsify documents.
Property Transfers Are the Most Corrupt
In property transfers, corruption is common and con artists take advantage of the secrecy. To improperly transfer property from the rightful heirs to themselves, they may fabricate legal heir certificates or bribe officials, resulting in enormous financial loss and mental suffering.
Facing False Claims
False claims made by certain people that they are legitimate heirs can lead to disagreements and make the inheritance process more difficult. In order to establish their unlawful claim on the deceased person’s assets, they can submit false legal heir certificates, which could result in court disputes and hold up the distribution of the deceased person’s assets.
Procedure for Getting a Legal Heir Certificate
The below-mentioned steps are needed for obtaining a legal heir certificate. Despite that, to make sure of the proper compliance, an individual can have a suggestion from the family lawyer also.
Step 1: Visit the Taluk/Tahsildar office. Do a quick search online to know the exact location of the Taluk office.
Step 2: Get the application form from the respective Tahsildar.
Step 3: Write in all the required fields in the application form.
Step 4: Attach all the documents asked in the form. You can also access the documents needed in the above section of this article.
Step 5: Affix ₹2 Stamp in the application form.
Step 6: Submit the application form once filled.
Step 7: Now, the application shall be authorized by the Village Administrative Officer and the Revenue Inspector.
Step 8: Within 30 days of your application. In case of not receive the certificate in a month, you can reach Sub-Collector or the Revenue Division officer for the same.
The Village Administrative Officer or the Revenue Inspector conducts an inquiry by performing the inspection. Once the inspection formalities are done as per the rules, the legal heir certificate will be issued. This may take a maximum time of one month.
Accessing the Application Form Online
By going to the e-district portal, you can also obtain the application form or check its status online. One can also access the e-district portal website and fill out the form there, attaching all the necessary paperwork to obtain a certificate of legal heirship.
Difference between Legal Heir Certificate and Succession Certificate
A Succession Certificate is provided to enhance the authority of the beneficiaries and offer them the power to obtain the departed person’s assets, debts and all available resources. But a legal heir certificate is given to differentiate the living beneficiaries of the departed person.
Legal Heir Certificate | Succession Certificate |
Establishes the rightful heirs or successors of a deceased person | Confirms the legal right of a person to inherit the assets and properties of the deceased |
Issued by government authorities | Obtained through a legal process, usually from a civil court |
Used for property transfers, accessing bank accounts, and other legal matters | Specifically required for claiming debts, securities, and other financial assets of the deceased |
Commonly used for establishing inheritance rights within the family | Sought by individuals who are not immediate family members but have a legal entitlement to the deceased person’s assets |
Provides evidence of inheritance | Grants legal authority to represent the deceased in legal matters and claim the assets |
How to Download Legal Heir Without Certificate Number
- Visit the respective government authority in the official website.
- Find the part that discusses Legal Heir Certificates.
- Locate the certificate download option.
- Give the relevant information, such as the name and date of death of the deceased.
- Enter your own information here to apply.
- Send in your application.
- The website will offer a download link or email the certificate to you after processing is complete.
- From the email or URL provided, download the certificate.
Registering Online as a Legal Heir in Income Tax
As per the Income Tax Act of 1961, the legal heir of the departed person has to register himself in the income tax department if the deceased person had income tax in the previous year. In this case, on behalf of the deceased person, the legal heir is required to file the income tax returns.
Documents Required for Registering Legal Heir in Income Tax
Following are the documents needed for a legal heir to register himself in the Income-tax Portal on behalf of the deceased.
- Legal Heir Certificate
- Deceased Person’s Pan Card
- Death Certificate
- Pan Card of the legal heir with self-attested
- Affidavit from Notary Public.
Steps to Register as a Legal Heir in Income Tax Online
Step 1: On behalf of the departed person, the legal heir has to register himself in the income-tax e-filing portal. You must register yourself first if you have not registered before.
Step 2: After logging into the e-filing portal, click on the option ‘Register as the Representative’.
Step 3: From the drop-down menu, select New Request as the type of request.
Step 4: Select ‘Register Yourself on Behalf of Another Person from the drop-down menu.
Step 5: Select the ‘Estate Of Deceased Option’ in the category to register.
Step 6: After hitting on the ‘Proceed’ button, a new page will open where you have to provide all the details of the departed person such as name, date of incorporation of deceased, PAN details, etc. Also, the name and death date of the departed person has to be entered.
Step 7: Click on the ‘Choose File’ option to upload all the documents.
Step 8: The request will now be sent to the e-filing administrator once after clicking on the submit button.
After doing a detailed review of the application, the e-filing Administrator will reject or approve the application. He may also approve the application on a temporary or permanent basis, depending on the legal heir certificate uploaded by the legal heir. The final registration status will be communicated to the applicant through his registered Email id.
Conclusion
A legal certificate provides all the rights on the intestate assets and property. It is a valid document that describes the relationship between the departed person and the legal heir. Obtaining this legal certificate online can be done with the help of the E-district portal websites of the respective states. And, make sure that you are not giving any of your important data to the other websites because those websites may be a scam that ends up collecting all your important information.
FAQs
What is a legal heir certificate?
It is a document that identifies the rightful heirs or successors of a deceased person.
How can I obtain a legal heir certificate?
You can apply for it at the concerned government authority or revenue department in your jurisdiction.
What documents are typically required to obtain a legal heir certificate?
Documents such as the death certificate of the deceased, proof of relationship, identification documents, and other relevant paperwork may be required.
Can I download a legal heir certificate online?
It depends on the specific procedures of your jurisdiction. Some authorities may offer online application and download options, while others may require physical submission.
Is a legal heir certificate valid indefinitely?
No, the validity of a legal heir certificate may vary depending on the jurisdiction. It is recommended to check the expiration date mentioned on the certificate or inquire with the issuing authority.
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