A legal heir certificate in Odisha can be used for various purposes. These include transfer of the deceased proprietor’s assets to the legitimate heir, claiming any insurance, and so on,
What is a legal heir certificate? In general, in case of the death of the head or a family member, the next legitimate inheritor of the departed, such as spouse, son/daughter, or parents might be eligible for the legal heir certificate. Why is it important to have a legal heir certificate? Let us talk about this in detail.
Who According To The Law Are Legal Inheritors?
As per succession laws, as someone expires without leaving any legitimate will behind, anyone getting every money-oriented property, accountability, or debt that is tied in with property is called heir or inheritor. In our country, legal heirs/inheritors can be categorized into two classes, which are Class I and Class II.
Legal heirs belonging to the Class I category are the wife, children, and mother of the deceased person. If there aren’t any Class I heirs, then Class II heirs are eligible to claim the possessions. The father, grandchildren, siblings, and great-grandchildren of the deceased all belong to the Class II heirs category.
Reasons to Have a Legal Heir Certificate
A legal heir certificate is claimed by the legal inheritor who takes possession of any properties and accountabilities of the departed. Following are the reasons to have their certificate:
- For transferring the possessions of a departed to the legal heir.
- For claiming any financial dues from the government; for example, gratuity, provident funds, etc.
- For securing any awaiting wage of the departed employee who had a job in the government sector.
- For claiming any insurance policies in position.
- For sanctioning and getting any family pension allocated to the departed employees by the legal channels.
In case you want a property, you must ask for a legal heir certificate online for verifying who the legal property owner is. When there are multiple inheritors, then you need to make sure that every person signs the deed of conveyance for averting any legal quarrel cases in the coming time.
Applying For a Legal Heir Certificate
In order to obtain your legal heir certification, pay a visit to the Taluk Tahsildar or municipality office of your area.
If you are a legal heir of the deceased, you should reach out to the legal authority of the respective zone and request the application form that must be filled to apply for a legal heir certification.
When filling out the form, you must submit details like your name, your relation with the late person, and your residential address. Once you have filled the form, you can issue the form to the government officers. You can even take the help of an attorney to do this. They will visit the district court for you.
You must attach the death certification of the deceased, as well as all other important papers/documents with the application.
You should provide confirmation on a stamp paper or a self-declaration with the application form for a legal heir certification.
Your query is noted, and a revenue inspector or a government official conducts a systematic check to know every detail.
After the check is done and confirmed successful, the respective authorities submit the legal heir certification.
In general, the application submission procedure and attainment of the certificate takes about 1 month. But, if you undergo an inevitable sudden postponement, you should visit the area’s RDO (Revenue Division Officer) or the sub-collector.
Documents Required To Apply For a Legal Heir Certificate
In order to get a legal heir certificate from the Government, you have to make sure that you provide all the necessary documents with your application form. These include:
- A duly filled application form
- ID or address proof. ID proof can be your Driver’s License, Aadhar, or Voter ID.
- Birth certificate, PAN card, School leaving certificate, or passport of yours.
- Departed property owner’s death certificate. You can get this certificate from the corporation or municipality office of your area.
- A self-undertaking affirmation
- Departed person’s address proof
Addition of Legal Heir for Filling for ITRs
The legitimate heirs of the departed are accountable for filing income tax returns and paying the calculated tax on behalf of the departed property owner. Here are the steps that one has to adhere to:
- The legitimate heir should go to the income tax E-filing portal
- If they are registered, they must log in by submitting their account details. If they aren’t, they must make a new account. To make a new account, they first have to click “Register Yourself.” After that, they need to submit every important detail, such as first name, middle name, PAN number, DOB, residential address, and surname.
- As soon as they logged in successfully, they must click on my account and get themselves registered as a representative.
- From the drop-down menu that is in the Request Type option, they should select a new request.
- They must select the “Register yourself” option from the “add/register as representative” section for another person. You can find this in the drop-down menu.
- After this, they need to click on “Proceed.” An external page link will be opened.
- The next step is the creation of a zip file (less than 1 megabyte). This file must have all the necessary documents such as a copy of the legitimate heir’s PAN card, certification of Death, departed person’s PAN card, and so forth.
- Once the documents are uploaded successfully, the applicant must click on “Submit” where their application will be sent to the E-Filling Administrator.
The E-Filing Administrator will assess the application and on the basis of the information provided, he will either reject or approve it.
If the application gets approved, then the applicant will either be appointed as the legitimate heir or the short-term heir.
Conclusion:-
There are countless loopholes and conditions in the conception of inheritance. A legal heir certificate is another complex conception. This is a document that is given to the heirs of a deceased proprietor. The legal heirs can get this certificate from the authorised authorities of the respective area.
A legal heir certificate allows you to get access to the property, assets, or income of the late person. In case you are purchasing a property, then a legal heir document is one thing that you should keep a check on. Also, this certificate takes about 15 to 30 days’ time to get issued.
For any help in the legal heir certificate application process, reach out to the most credible and experienced lawyers at Vakilsearch. We are a trusted company offering professional services at reasonable rates.
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