A legal heir certificate specifies the legitimate heir, who can subsequently claim the deceased person's assets and property. The process for obtaining a Legal Heir Certificate can be finished in 8 easy steps, but one should consult a VakilSearch lawyer to assure compliance with legal requirements.
Finding a Heirship Certificate is essential to determine who will be the rightful owner of inherited property or the beneficiary of insurance payments, as India has numerous personal laws and regulations covering the subject of succession, marriage, and divorce.
Under the Indian Constitution, a legally binding document that aids in determining whom a person’s next in consanguine or who is the legal successor is called a Legal Heir Certificate. It includes information like the person’s name, who has died, gender, age, family status, and connection to the deceased person’s heir.
Legal heirs of a person who passed away intestate, that is, without a will, must get a lawful heirship certificate or a living member document from the government to establish their status as the dead person’s legitimate heirs. Either of these certificates will assist the legal heirs in transferring the late person’s possessions, including real estate, money in a savings account, bank deposits, stock funds, etc., into their hands.
Following are 7 tips or points to take into account about an Heirship Certificate.
1. Who is an heir by law?
A legal heir certificate specifies the legitimate heir, who can subsequently claim the deceased person’s assets and property. This certificate is a requirement for all qualified successors to assert their right to the decedent’s assets.
In simple words, a legal heir is a living relative, but according to Indian law, the following individuals are also regarded as legal heirs:
- The deceased person’s father
- The dead person’s spouse
- The deceased person’s mother
- The deceased person’s daughter
- The late person’s son
Uses for a Legal Heirship Certificate include,
- Pension requests, retirement funds, etc.
- Acquire employment through compassionate appointments
- A transfer of property
- Claims for any programs run by the federal or state governments
- Filing insurance claims
In general, the purchaser should ask for a legal heir certificate while registering any property to confirm the ownership of that property. In some circumstances, there may be more than one legal heir to a family estate. In these situations, it is necessary for all legitimate heirs to sign the document of conveyance with full consent in order to prevent any legal disputes.
2. Who is eligible for a Certificate of Legal Heirship?
According to Indian Law, the following people qualify as legal heirs and may request a legal heir certificate:
- The decedent’s parents.
- The deceased person’s spouse.
- Children (son/daughter) of the person who died
3. What are the documents required for the Heirship Certificate
There are some documents that you must append to the application form, which are
- the decedent’s original death certificate
- Claimant’s Identity Proof
- An affidavit has been notarized.
- the decedent’s address proof
- Birth certificates of all legal heirs
- evidence of each legal heir’s residency
- Court Fees of ₹ 1.25/-
- a letter requesting that the DC office issue a legal heir certificate on behalf of the deceased employee’s department
- Date of birth A birth certificate, school transfer or leaving a record, PAN card, passport, etc., are examples of documents that can serve as legal heir proof.
- Any acceptable identity document, a phone/mobile bill, a gas bill, or a bank passbook that includes the legal heir’s name and address can serve as residence verification.
- A voter’s ID, an Aadhaar card, a driver’s license, a passport, or any other government-issued identification card may be used as identification by the applicant.
4. Where to submit an application for a surviving member or legal heir certificate?
Online applications for surviving member certifications are also permitted in several states. Applications can be submitted in Delhi at https://edistrict.delhigovt.nic.in. Remember that you will need to physically present your documents for verification at the district magistrate’s office after submitting your online application.
5. How long does it take to process an application for a legal heir certificate?
An officer from the court or district magistrate’s office will visit the legal heir’s residence (who has applied) after the application and physical documents have been delivered for verification. Additionally, you’ll need two neighbors who can serve as witnesses as well as provide identification and proof of residency for verification. Additionally, the examiner may request copies of the witnesses’ IDs and verification of their addresses.
With all these formalities in hand, it usually takes about 1-2 months to get a legal heir certificate.
6. How may a person obtain a certificate of Heirship Certificate?
The certificate can be retrieved from the website or collected from the agency where the application was submitted. If your email address or mobile number is listed on the application form, you may receive an email or SMS notifying you that your legal heir certificate is ready to be collected.
7. What is the process to obtain a Heirship Certificate?
The process for obtaining a Legal Heir Certificate can be finished in 8 easy steps, but one should consult a VakilSearch lawyer to assure compliance with legal requirements.
Step 1: Go to the Taluk or Tehsildar office. To find the Tehsildar office’s location, do brief research online.
Step 2: Ask the relevant Tehsildar for an application form.
Step 3: Fill out the application form with your details.
Step 4: Append the documents that the form requests. Gather all the documents indicated earlier in this article in advance.
Step 5: Add a 2 rupee stamp on the form.
Step 6: Return the completed application form to the Tehsildar’s office.
Step 7: The Revenue Inspector will now verify your application.
Step 8: You must now wait 30 days or one month to receive your legal heirship certificate. If you do not obtain it, you should speak with the sub-collector or the officer of the revenue division to obtain the certificate.
How Can I Get Online Access to the Application Form?
One can alternatively use the district’s E-portal and fill out the form there, attaching the required paperwork, as described in this article. Vakilsearch can assist in registering as the lawful heir to obtain a legal heirship certificate.
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