Inheritance of wealth in the absence of a will of the deceased is possible. Apply for a Legal heir certificate in the district tahsildar office. This certificate helps you claim your right to the property, and assets of the deceased.
Nobody can predict the death of any person. A Will is to take claim of the assets and properties by the legal heir. In the absence of a Will, family members can claim wealth by getting a Legal Heir Certificate.
Meaning of Legal Heir
Any person entitled to enjoy the wealth of a deceased is the Legal Heir. It can be either by the will of the deceased or by the inheritance succession law.
Uses of a Legal Heir Certificate
The certificate will identify the legal successor who can claim the property and assets. If there is more than one verified heir, all should apply and possess the certificate to claim the property.
An individual or a group of individuals may apply for A legal Heir certificate. It does not allow a person to sell or dispose of any property of the deceased. It is only a document to prove a person’s relationship with him. It is a vital document required for the entitlement of rights to his wealth.
This certificate is an important document required for:
- Transferring of properties of the deceased to the eligible successors.
- To claim bank deposit, fixed deposit, etc., by the legal heir.
- To claim insurance of the intestate.
- To apply for a family pension, salary arrears, provident fund, and gratuity of the deceased.
- For getting government jobs offered in consideration for the legal heirs.
- To transfer gas connection, telephone service, and ownership of vehicles.
- For any selling of properties or goods of the deceased.
Apply for a Legal Heir Certificate in the office of the District Tahsildar.
The Documents Required for the Application Are:
- Application form duly filled and signed.
- Original death certificate of the deceased from the local municipal corporation.
- Pan card and Aadhaar card of the intestate.
- Id proof and address proof of the applicants.
- An affidavit of undertaking from all the applicants.
- Two witness id copies with address (immediate neighbour only)
The copy of the documents should be self-attested by the applicant. Apply at the District Tahsildar’s office. A verifying officer is appointed to conduct a detailed investigation. The officer will personally visit the address provided in the application to verify. He will check the original documents of copies submitted with the application.
The officer submits the report to the Tahsildar, and the Tahsildar office issues the certificate within one month of verification.
Who Can Apply for a Legal Heir Certificate?
In the absence of the will, the closest related person has to apply for a certificate proving s(he) is the Legal Heir. It is a document issued by the District Magistrate. It is to establish a person or persons as a legal heir to the rights on properties and interests of the deceased person.
When it comes to applying for a Legal Heir Certificate is quite a daunting task to summarise. India has different succession laws for separate religions. There are four religious Personal Laws for a legal heir.
- Hindu personal Law
- Muslim Sharia Law in India,
- Christian Personal Law in India,
- Parsi Personal Law.
Hindu Law (Men)
If the deceased is a Hindu male, the following persons can apply for the certificate.
- Sons and daughters,
- Wife (the second wife if legally married after the first wife is divorced or deceased)
- Mother
- Sons and daughters of a pre-deceased son
- Sons and daughters of a pre-deceased daughter
- Grandsons and granddaughters of a pre-deceased son
- Grandsons and granddaughters of a pre-deceased daughter
- Widow of a pre-deceased son
- Widow of a grandson of a pre-deceased son.
- Widow of a grandson of a pre-deceased daughter.
If none of the above are surviving, the below-said persons can apply for the certificate.
- Father.
- Brother.
- Sister.
- Son of the brother
- Son of the sister
- Daughter of the brother
- Daughter of the sister
- Father of the father
- Mother of your father
- Widow of the father
- Widow of the brother
- Brother of the father
- Sister of the father
- Father of the mother
- Mother of the mother
- Brother of the mother
- Sister of the mother
Hindu Law (Women)
If a female is deceased, the below persons can apply for the certificate.
- Sons and daughters and the husband,
- Legal heirs of the husband.
- Mother and father.
- Legal heirs of the father.
- Legal heirs of the mother.
Adopted children are not eligible if there is no documentary proof of adoption.
Muslim law in India
Persons who are allowed to apply for the Legal Heir Certificate under Muslim Sharia law are:
- Husband
- Wife
- Sons and daughters Sons’
- Grandsons and granddaughters
- Mother and father Grandfather
- Grandmother
- Parental grandmother
- Maternal grandmother
- Full brothers and full sisters
- Parental brothers and sisters
- Maternal brothers and sisters
- Full and parental nephews
- Full and parental nephew’s sons
- Full parental uncles
- Full and parental cousins
- Full and parental cousin sons
- Full and parental cousins’ grandsons
An adopted son and daughter are not eligible to apply.
Christian personal law
Persons who can apply for the certificate under Christian personal law are:
- Son
- Daughter
- Father
- Mother
- Brother
- Sister
- Linear relations
Parsi personal law
As per Parsi personal law in India, the below persons can apply for a Legal Heir Certificate
- Father and mother.
- Brothers and sisters and lineal descendants of such of them as shall have pre-deceased the intestate.
- Paternal and maternal grandparents.
- Children of paternal and maternal grandparents and the lineal descendants of such of them as having pre-deceased the intestate.
- Paternal and maternal grandparents’ parents.
- Paternal and maternal grandparents’ parents’ children and the lineal descendants of such of them as have pre-deceased the intestate.
Further, in recent amendments to laws, the children born out of live-in relationships can claim as legal heirs.
People often confuse between a Legal Heir Certificate and a Succession certificate even though they are similar, both are different. The court issues a succession certificate to the legal heirs of the deceased based on the will. District Tahsildar issues the legal heir certificates to applicants who claim to be legal heirs in the absence of a Will. A succession certificate is not valid where the deceased is a government employee.
Conclusion
A Succession Certificate helps transfer properties, bank transfers, share transfers, and debt clearance on behalf of the deceased. A legal heir certificate gives the rights on the intestate property and assets. It is always better to take the services of law firms that are well-versed in the process as one cannot understand the legal process involved. Platforms like Vakilsearch provide these services from the comfort of your home.
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