Legal heirship certificate solidifies your claims as a legitimate heir particularly when the owner meets a sudden death. Go through this blog to know everything about obtaining a legal heir certificate in the Indian state of Kerala.
Overview
In India, a legal heirship certificate certainly eases the process of determining the heir(s) or persisting members of a deceased person’s family. This legal paper is crucial at the time of asserting rights on existing assets and other belongings that previously were the property of a deceased individual.
In Kerala, Revenue Officers like the Tahsildar or Mandal Chief authorize a legal heir certificate. If under any circumstances you find difficulty in reaping the perks of a legal heir certificate, then you must apply for a succession certificate to the civil courts. Let us know about the method of acquiring an heir certificate in this blog.
Legal Heirship Certificate vs. Succession Certificate
Both certificates serve a common purpose but in reality, they are different. As we talked about the legal heir certificate in the section above, we grabbed an idea regarding its importance in determining the rightful heir after the death of a property owner. A legal heir certificate identifies the deceased person’s relationship with the prospective heir. Legitimate heir(s) receive(s) the property or bank balance once the previous holder ceases to exist. Advantages are readily transferred if you can produce a valid legal heir certificate in the court of law.
On the other hand, the succession certificate is another statement that is handed out by Civil Courts across Kerala. To obtain this certificate, the heir must confirm that the expired person has not left behind a will. The preliminary objective of this declaration is to ameliorate the compilation of debts following a profitable succession and ensure social protection to the entities furnishing debts to the parties to whom the deceased person owned money.
The civil court grants a succession certificate to the claimant for allocating the below-mentioned resources which were formerly owned by a deceased owner:
- Insurance sum
- Provident fund
- Shareholdings
- Bank deposits
Applicability Legal Heir Certificate
If you own a legal heir certificate in Kerala you will be entitled to the following usefulness:
Transfers of Legal Heir Certificate
You will be able to substitute the electricity connection to the legitimate heir(s). The house owner is eligible to transfer house tax agreements to the account of their successor. A legal heir certificate also facilitates transferring an existing bank account if the concerned person can produce a valid death certificate. Apart from this, you can also transfer telephone connectivity by availing the clauses of a legal heir certificate.
Governmental Aids
Suppose the person who held a legal heir certificate, suddenly died while working as a government personnel. In such cases, the lawful heir can claim:
- Insurance money
- Pension amount
- Amount promised at the time of retirement
- Gratuity
- Provident fund sum
Inheritance of property is one of the key usefulness offered by a legal heir certificate in Kerala. Claims can be raised only after the original proprietor has passed away. The appropriate heir is scrutinised by the registered authorities intricately before finally awarding the property in his name after the sudden death of the previous owner.
In Kerala, strict regulation is in practice that enforces the seller to present a legal heirship certificate without fail to the purchaser to confirm the property’s ownership has been permanently handed over to a new party. Not acquiring legal heir certificates while an ancestral house in Kerala can cause litigations against in the future.
How to Receive a Legal Heir Certificate
You can obtain the legal heir certificate both via offline and online methods. If you are approaching the Government through the offline path, then visit the designated office of the appropriate Tahsildar. Secure an application form to register the needful details. In the next step, attach all the necessary documents as mentioned by the authorities. Before submitting the application form, secure a court stamp. Note that if you fall under the SC or ST category, there is no need to provide a stamp.
Now the Kerala Government has introduced various Akshaya centres to simplify the legal heirship registration processes. You can easily apply for the document by visiting one of these service-providing branches. Carry all the necessary official documents to later scan them and upload them online. Also, get a hold of your income certificate before applying for this service. The candidate receives an application ID on the enrolled phone number. This number must be recorded for future proceedings.
Once the approval has been passed, the Tahsildar will digitally sign the legal heir certificate. You will be notified once the claims have been accepted via text message. Visit the centre to collect the legal heir certificate. Maintain a hard copy of the file. Lastly, you may also apply for the legal heir certificate by accessing the district website of the Kerala State Government. After you arrive on the home page, register yourself to generate the login credentials – user ID and password.
You may select the option – “one-time registration” to verify whether there had already been some previously posted requests through any Akshaya Centres. This duplicate check is optional. Confirm the certificate type and enter the honest purpose of applying for the legal heir certificate. Save the field information before jumping to the upload page.
Provide all the necessary papers in PDF format. Pay the fees to complete the application.
Documents Requested by the Civil Court
In Kerala, no single applicant will be listened to in the first place if they fail to produce any of the following documents:
- Dead person’s death certificate
- Voter ID and Aadhar ID
- Ration Card
- Pensioner payment slip (if applicable)
The Civil Court usually issues a legal heir certificate within fifteen days after the agreed-upon timeframe, i.e., one month starting from the date of application.
Fees Associated
₹2 court fees stamp is charged if you submit an application through offline mode. Again this fee is exempted if you are SC or ST. However, if you opt to seek help from Akshaya Services, then a nominal service charge of ₹28 gets attached. This fee is reduced to ₹20 if you are detected within the bracket of the BPL category. SC and ST applicants need to pay ₹12 for the same service.
Uses of Legal Heir Certificate
Legal Heir certificate is necessary for below-mentioned purposes in Kerala:
Transfers
- To transfer the electricity
- House tax
- Telephone connections to the legal heir’s name
- To transfer the deceased person’s bank account to a family member.
Government Benefits
If the individual passed away as a government servant, this certificate can serve the following purposes:
- Claiming insurance
- Retirement benefits
- Pension
- Provident fund
- Gratuity.
Property Transfer
The primary purpose of the legal heir certificate is to acquire inheritance of property left behind by the deceased. It is used to identify the rightful heir for property ownership in the event of the registered owner’s sudden demise.
In Kerala, when registering property, the seller must furnish a legal heir certificate to the buyer to confirm property ownership. Failure to verify legal heir certificates when buying ancestral property can result in future litigation.
Eligibility for Legal Heir Certificate
The following person can apply for a legal heir certificate in Kerala:
- Deceased person’s parents
- Deceased person’s spouse
- Deceased person’s children
- Deceased person’s siblings
Time Frame
The Legal Heir Certificate will be issued within 15 days after the 30-day objection period from the date of Gazette publication. This time frame may vary due to multiple factors.
The validity of Legal Heir Certificate
The Legal Heir Certificate remains valid indefinitely. While the certificate’s validity is long-lasting, individuals should be mindful of potential changes in family circumstances, such as births, deaths, marriages, or divorces, which may necessitate updates to the certificate. Though considered a perpetual legal document, periodic reviews and necessary revisions ensure its ongoing accuracy and effectiveness in navigating inheritance-related legal processes.
Conclusion
Vakilsearch brings you the exclusive legal insights that truly characterize the legislative structure of India. A legal heir certificate protects the rights of the lawful heirs to ensure that the wishes of a deceased person turn into reality. Gather knowledge on related topics by learning our latest additions on the website.
Frequently Asked Questions
How can I get a legal heirship certificate in Kerala?
To obtain a legal heirship certificate in Kerala, you need to apply to the local revenue department or apply online through Vakilsearch. Make sure to provide necessary documents like a death certificate, ID proofs, and family tree. The processing time varies but typically takes a few weeks to months, depending on the complexity of the case and backlog.
How much time does it take for a legal heir certificate in Kerala?
In Kerala, the processing time for a legal heir certificate varies, ranging from a few weeks to several months, contingent upon the documentation submitted, the complexity of the case, and the workload at the revenue department.
What is the difference between a succession certificate and legal heir certificate?
A succession certificate establishes legal heirs' rights to the deceased's assets, while a legal heir certificate identifies the rightful heirs without specifying assets. Succession certificate requires court approval, whereas legal heir certificate is issued by the revenue department based on family relationships.
Who can get a legal heir certificate in India?
In India, legal heir certificates are issued to individuals who can prove their relationship with the deceased through documents like birth certificates, marriage certificates, or affidavits from relatives. Generally, immediate family members like spouses, children, or parents are eligible to apply.
What is the process of a legal heir certificate?
The process for obtaining a legal heir certificate in India typically involves submitting an application along with supporting documents to the local revenue department. This includes proof of relationship, death certificate of the deceased, ID proofs of the applicant, and any other relevant documents as per local regulations.
What is the alternative to the legal heir certificate?
An alternative to a legal heir certificate is a succession certificate, which is obtained through the court system. While both serve to establish inheritance rights, a succession certificate is typically sought when the deceased has not left a will, and disputes arise regarding the distribution of assets.
