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How Can I Remove My Name from the Legal Heir Certificate in Tamil Nadu?

In this article, you will learn about how you can remove your name from the legal heir certificate in Tamil Nadu.

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A legal heir certificate is a legally bound document that determines who will inherit an asset or property if the legally registered owner dies unexpectedly. The legal heir certificate, also known as the successor certificate, identifies the legitimate owners to whom the assets must be transferred. After conducting a thorough investigation with the appropriate heirs, the Tahsildar issues the legal heir certificate.

The buyer will request the legal heir’s certificate during property registration to establish control of the purchased asset. In some cases, if a property has more than one legal heir, all legal heirs must sign the deed of conveyance because there is a requirement to obtain signatures from all legal heirs. Purchasing ancestral property without the permission of all legal heirs may result in future litigation.

Criteria for Obtaining a Legal Heir Certificate in TamilNadu

In Tamil Nadu, the following individuals are eligible to receive a legal heir certificate:

  • The deceased’s wife
  • The deceased’s child
  • The deceased’s father or mother
  • The deceased’s sibling

Purpose of Legal Heir Certificate

A key purpose of the legal heir certificate is to recognise the legitimate successor, who can further claim the deceased person’s assets/properties. All eligible heirs must have this certificate to lay claim to the deceased person’s property.

A certificate of legal heirship is needed for the following reasons:

  • For transferring the demised person’s properties and assets to his heirs.
  • To file an insurance claim.
  • To sanction and process the deceased employee’s family pension.
  • To receive government payments such as provident funds, allowance, and so on.
  • To receive the deceased’s salary arrears as a state or central govt employee.
  • To find work through compassionate appointments.

GET YOUR CERTIFICATE REGISTERED!

In general, when purchasing or registering property, the buyer should ask for a legal heir certificate to determine ownership. There may be multiple legal heirs to ancestral property in some cases. In such cases, all legal heirs must sign the undertaking of conveyance, giving permission to avert any litigation.

Documents Required in Tamil Nadu to Obtain a Legal Heir Certificate

Following are the document required to obtain a legal heir certificate in TamilNadu 

  • A self-affirmation affidavit.
  • The applicant’s identity must be verified.
  • Address verification for all legal heirs.
  • Proof of all legal heirs’ dates of birth
  • The deceased’s death certificate.
  • The direct legal heir of the deceased’s death certificate
  • Proof of the deceased’s residence

How Can I Remove My Name from the Legal Heir Certificate in TamilNadu

If you want to remove your name from the legal heir certificate, follow these guidelines: 

  • Write a request letter to the Tahsildar, requesting that your name be removed from the legal heir certificate and providing sufficient reasons for the misentry.
  • If they do not take action, they should approach an advocate and send a representation to the same authority to take action.
  •  If no action is taken within 15 days, file a writ petition with the High Court of Madras seeking a direction to the Tahsildar for your remedy.

How to Apply for Legal Heir Certificate in TamilNadu

The steps for applying for a legal heir certificate are outlined below.

  • Step 1: Go to the Taluk/Office. Tahsildar’s

The applicant must go to the local Taluk or Tahsildar Office.

  • Step 2: Obtaining an Application Form

The application form is available at the Taluk office for Rs.60 or can be downloaded online.

  • Step 3: Fill out the Form

After completing the form, the applicant must submit it to the Taluk office. After submitting the form, the applicant will receive two tokens to meet with the relevant VAO/RI within a few days.

Now, the applicant must fill out the following information on the back of the forms:

  • The applicant’s information must be provided in the first form.
  • The applicant must list ten references in the second form for further verification.
  • After entering all of these details, the applicant must obtain the VAO’s signature as well as the presence of all legal heirs.
  • Step 4: Report to the Revenue Inspecto

The VAO’s signed form must be filed to the Revenue Inspector, who will then visit the applicant’s home for verification.

  • Step 5: Report to the Tahsildar Officer

To obtain a token number, the applicant must submit the RI and VAO forms to the Tahsildar office.

  • Step 6: Certificate Issuance

Once the token number is provided, a Tahsildar then issues the certificate within 16 days of the form’s submission.

When are the Legal Heir Certificates Required?

Legal heir certificates are required for several events, including:

  • During the purchase, determining ownership of the property
  • Recognition of legal heirs during property purchase
  • During the approval of family pensions
  • Receiving Government PFs and Gratuity
  • Salary arrears for state or federal government employees
  • For obtaining employment based on compassion
  • Purchase of ancestral property requires the consent of all legal heirs. Failure to comply with this may result in future legal action.

Conclusion

In order to acquire the legal heir certificate, one needs to provide accurate and complete documentation; otherwise, the application may be turned down during the approval process. These legal heir certificates can assist the deceased’s family by assisting them with their assets, particularly in the case of the loss of a family’s earning member. A legal heir certificate is also required for obtaining the deceased’s retirement benefit claims, gratuity and pension plan claims, as well as insurance and pension claims. It establishes the heir’s legitimacy and grants them the authority to inherit the deceased’s property. In this article, we have covered all the details about the legal heir certificate and if it is possible to remove the name from the certificate of the legal heir. Certain steps need to be followed in case of removing the name from the legal heir. It is advisable to check the steps on Vakilsearch before going for the procedure of name removal from the legal heir certificate.

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