Getting a Legal Heir Certificate can be a complex process. If you need more information, keep reading the blog.
Odisha Legal Heir Certificate: Documents such as wills, trusts, and testamentary trusts can be used to identify the relatives or heirs of deceased individuals.
In Odisha, legal heir certifications are issued by Revenue Officers like Tahsildar or Revenue Mandal Officer. A civil court must issue a succession certificate if the legal heir certificate is rejected for any reason.
This article will cover the specifics of getting an Odisha legal heir certificate.
Obtaining a legal heir certificate in the event of the sudden death of a family member is necessary to transfer the deceased’s assets to their lawful heir(s). A legal heir certificate is critical to determine the relationship between the departed and their legal heirs/s.
It is possible to apply for this legal heir certificate to claim rights to property and financial obligations of the deceased individual once the death certificate is received from the municipality or corporation.
A legal heir certificate is often drafted and registered by a lawyer. One legally entitled to inherit a deceased person’s property by a will or the laws of succession, male or female, is referred to as a “legal heir.”
A legal heir certificate is needed to transfer the deceased’s assets to the designated heirs in the event of the sudden death of the principal person or head of the family.
Some officials may request additional fees, but this will be considered unofficial. The cost for issuing a legal heir certificate is Rs 2 for the stamp; Rs 20 stamp paper for an affidavit; and sometimes additional fees, such as those requested by some officials but considered unofficial, are charged for succession certificates.
Legal Heir Certificate
This document is intended to identify the rightful legal heirs in the case of a deceased person’s death.
This certificate is needed to determine the relationship between the heirs and the deceased when a family member passes away, and benefits like pensions and property pass to the surviving members who are legally entitled to them.
Legal heirs must get a Legal Heir Certificate to take advantage of these benefits.
Legal Heir Certificates’ Purposes
A legal heir certificate is needed for the following reasons in Odisha:
- The legal heir certificate is required to transfer the electrical connection to the legal heir’s name.
- For the transfer of property tax responsibilities to a family member
- The transfer of a telephone line
- To transfer a bank account belonging to a deceased person’s rightful heir.
Withdrawal of Funds
You’ll need this certificate if you want to withdraw money from a financial institution, bank, or post office for less than Rs. 1 lakh.
A legal heir certificate is necessary for the event of the death of a government employee.
- Pension benefit claims
- Claims for a pension;
- Claims for insurance
- Claim for gratuity
- Claims for benefits from a pension fund
- Salary arrears
Transfer of Ownership
One must obtain a legal heir certificate to inherit the deceased person’s property or land left behind.
In the event of the registered owner’s sudden demise, this certificate identifies the appropriate legitimate heir.
The seller must provide a legal heir certificate while registering the sale of a property in Odisha.
Examining the legal heir certificates before purchasing an ancestral property is essential to avoid costly legal battles.
How to Get an Odisha Legal Heir Certificate in Person?
These are the steps you need to do.
- Applicants can apply in person at the Tahsildar or Collector’s Sub-office.
- The applicant can pick up an application form at the office while they are there. OR A4 paper is required for the application. Please use the following link to download the form OR apply the stamp as instructed on the page.
- As soon as you have finished the application form and have the relevant documentation with you, you should report to the appropriate office.
- After receiving the application, the authorities will review the associated documents and details to ensure they are accurate. A record number will be given to you as a reference if everything is in order.
- Tahsildar or the relevant authority will assign the application to the VAO and MRO or the relevant authorities for further processing.
- There will be a ground-level verification and examination of the documents presented by the authorities mentioned above.
- Toto provides a Death Certificate to the applicant; the Tahsildar OR relevant authority will receive the verification report from these officials, together with the names of all legitimate heirs of the deceased.
- The certificate will be issued to the applicant following a thorough screening process.
E-district Odisha: How to Apply for a Legal Certificate?
- Open the portal: Go to https://edistrict.odisha.gov.in using your preferred web browser.
- Register for an account: Ensure you have a valid email ID and mobile number for registration. If not, create a valid email ID and arrange a mobile number.
- Click on the Services icon located at the top right of the page.
- You will be redirected to the Register Yourself icon along with a list of available services. Click on Register Yourself.
- A pop-up menu will appear; enter all the required information and validate it.
- The system will send email OTP and mobile OTP to your respective email ID and mobile number.
- Enter the OTPs received and submit to create your login account.
Apply for a Certificate:
- After registration, click on the certificate you want to apply for.
- A new window will open. Click on Apply for Services and then select Online.
- Enter your login credentials (registered email ID or mobile number).
- Upon successful login, the application form will appear.
Required Paperwork
The following documents are required to get an Odisha legal heir certificate:
- Death certificate
- Residential certificate
- Aadhaar Card
- Ration Card
- On the First Page of the service book, if death was a government employee, on the first page of the service book
- In addition, a copy of the final settlement agreement or consolidation agreement
- A copy of the insurance company’s policy bond
- A copy of a postal pass
- In case the decedent was an old enough to have retired
- Documents supporting an allegation and any additional supporting evidence.
Time Frame
Application for a Legal Heir Certificate shall be processed and issued within 30 days from the date of application.
Charges
The following is the cost of acquiring an Odisha Legal Heir Certificate:
| S.No | Services | Amount |
| 1 | Service Charges of the kiosk Operator | ₹8 |
| 2 | Printing Charges | ₹10 |
| 3 | Scanning Charges | ₹5 |
| 4 | Certificate Output Charges | ₹10 |
| 5 | DEGs charges | ₹2 |
| 6 | The Government fees and User charges | ₹30 |
Certificate of Legal Heirship
Odisha Legal heir certificate can be downloaded after proclamation and verification if the Revenue official approves the request. Provide the application number to the CSC center when you return.
Obtain digitally signed proof of legal heir. All of the following are possible with it.
Status Check
If you want to see a legal heir certificate status check, follow these steps-
- Sign in to the Odisha Government’s registered e-service site using your credentials.
- After that, navigate to the Services menu on the left side of the screen and select Legal heir.
- You will then be taken to a different web page after a pop-up window appears before your eyes.
- You can check the current status of your legal heir certificate by going to that location and clicking on the “Check Status.”
Download Legal Heir Certificate
To download a Legal Heir Certificate in Odisha, you can follow these steps:
- Complete the application process
- Visit the nearest Common Service Centre (CSC) and provide them with the application number.
- At the CSC Centre, you will be able to download a digitally signed Legal Heir Certificate
Verify Legal heir Certificate
- Go to the Odisha e-District portal
- Look for the option related to certificate verification
- Enter Application Number
- Click on the certificate verification option
- Enter the application number of the Legal Heir Certificate
By following the steps provided above, you will be able to verify your Legal Heir Certificate through the Odisha e-District portal.
Succession Certificate Vs Legal Heir Certificate
A Succession Certificate and a Legal Heir Certificate serve distinct purposes in the legal context. Here are the key differences between the two:
Succession Certificate:
- The Succession Certificate is governed by the provisions of the Indian Succession Act of 1925.
- It is not provided by Revenue Officers. Instead, a Succession Certificate can be obtained from Civil Courts in India.
- The primary purpose of a Succession Certificate is to facilitate the collection of debts on the succession of a deceased person who did not leave a will (intestate). It allows the heirs (family members) to collect debts due to the deceased person and protects the party making the payment to the deceased person’s representative.
- A Succession Certificate is typically used to claim debts owed to the deceased person, such as deposits in banks, provident funds, shares, and insurance policies.
Legal Heir Certificate:
- A Legal Heir Certificate is used to establish the legal heirs of a deceased person.
- The certificate is generally issued by Revenue Officers or other designated government authorities.
- The primary purpose of a Legal Heir Certificate is to determine the rightful heirs of a deceased person, especially in cases related to property inheritance and family benefits, such as pensions.
- Legal Heir Certificates are required to claim family benefits, inheritance rights, and property transfer. They establish the legal relationship of the heirs to the deceased person, which is important for the distribution of assets and benefits.
FAQs:
In the absence of immediate family members, the legal heirs in Odisha are determined by the Hindu Succession Act of 1956. The Act specifies the order of inheritance in case of the absence of immediate family members. The order of inheritance is as follows: Class I heirs (sons, daughters, widows, mothers, sons of predeceased sons, daughters of predeceased sons, widows of predeceased sons, sons of predeceased daughters, daughters of predeceased daughters, widows of predeceased daughters); Class II heirs (father, brothers, sisters, children of predeceased sons, children of predeceased daughters, brothers of predeceased husband, sisters of predeceased husband) and; Agnates followed by Cognates.
No, usually a legal heir certificate from Odisha is not valid in other states of India.
Yes, a legal heir can renounce their rights to a property in Odisha. The legal heir must execute a deed of renunciation in favour of the other legal heirs. The deed of renunciation must be registered with the Sub-Registrar of Assurances.
Yes, women are entitled to the same inheritance rights as men in Odisha. The Hindu Succession Act of 1956, provides equal inheritance rights to women and men. Women have the same rights as men to inherit ancestral property, self-acquired property and other forms of property.
Yes, a legal heir can sell inherited property in Odisha. However, all other legal heirs must give their consent for the sale of the property. If any legal heir does not give their consent, the sale cannot take place. 1. In the absence of immediate family members, who can be considered as legal heirs in Odisha?
2. Is a legal heir certificate from Odisha valid in other states of India?
3. Can a legal heir renounce their rights to a property in Odisha?
4. Are women entitled to the same inheritance rights as men in Odisha?
5. Can a legal heir sell inherited property in Odisha?
Conclusion
The Succession Certificate is a document that the court issues for the successors of the deceased person to claim their rights to the dead person’s movable goods. Because of its significance, appropriate guidance should be sought before developing and putting these into action. This is how you can apply and get a legal heir certificate. If you are looking for assistance, you can contact Vakilsearch.
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