Do you want to understand more about the Varisu certificate? If yes, then this blog is meant for you. Read on to learn more about it.
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 varisu certificate is critical to establishing the relationship between the deceased and their legal heirs/s. It is possible to apply for this Varisu Certificate to claim rights to property and financial obligations of the deceased individual once the death certificate is obtained from the municipality or corporation.
A legal heir certificate or Varisu 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 Varisu 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 ₹2 for the stamp; ₹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.
Varisu Certificate – An Overview
According to the Succession Laws of India, a Legal Heir Certificate is a vital official publication issued by government bodies. It helps evaluate the link between a deceased person and their legal heirs. The document is issued by the government bodies and helps assess the connection between the dead individual and their legal heirs. It is a tool that assists in transferring all of the deceased person’s legal assets to their surviving family members. This certificate is required to transmit claims via banks, such as provident funds, home tax, loans, power bills, saving/current accounts, filing of tax returns, and other similar activities. It is also required for real estate transactions. When a person dies without leaving a will or designating a legal nominee behind, which is known as passing away “intestate,” it is necessary to have a legal heirship certificate to prove who their heirs are.
Importance Of Varisu Certificate
A Varisu Certificate holds significant importance due to various factors, such as:
- Identification of Legal Owners: It plays a crucial role in identifying the rightful legal owners of properties or assets after the death of an individual, preventing disputes over property ownership.
- Proof of Ownership: It provides essential proof of legal ownership, which can help prevent legal disputes or litigation within families or between individuals.
- Property Transactions: It enables the smooth transfer of a deceased person’s property or the purchase of ancestral property, ensuring that property transactions are legally sound.
- Salary Arrears: For State or Central government employees, the Varisu Certificate may be necessary for family members to receive any salary arrears due to the deceased employee.
- Compassionate Grounds: It can be vital for securing employment on compassionate grounds, especially in cases where the deceased individual was the primary breadwinner.
- Transfer of Deposits and Investments: It is used for transferring the deceased person’s deposits, investments, and other financial assets to the rightful heirs or beneficiaries.
- Transfer of Utilities: The Varisu Certificate is crucial when transferring utilities such as electricity, water or telecommunications to the names of legal heirs.
Who Can Apply For A Varisu Certificate?
In Tamil Nadu, a Varisu Certificate can be applied for by any legal heir of a deceased person who passed away without leaving a will. Legal heirs typically include:
- Spouse
- Children
- Parents
- Siblings
If the deceased individual left a will, the executor named in the will can apply for the certificate.
How To Check Varisu Certificate Status Online
To obtain a Varisu Certificate, the following documents are typically necessary:
- A self-declaration affidavit, which is a sworn statement by the applicant regarding their relationship with the deceased and their legal right to the assets.
- The applicant’s identity proof, which may include documents like a voter ID card, passport, driving license, Aadhaar card, or government-issued employee ID.
- The applicant’s address proof, which could be a valid mobile bill, telephone bill, gas bill, or bank passbook.
- Proof of the applicant’s birth date or age, which can be established through documents like a birth certificate, school leaving certificate, PAN card, passport, or transfer certificate.
- The death certificate of the deceased person, which is essential to prove the individual’s demise.
- The address proof of the deceased person, which may be required to establish their last place of residence.
Advantages of Getting a Legal Heir Certificate
Obtaining a legal heir certificate may be necessary for a variety of reasons.
- Legal heir certificates are typically required to claim a deceased person’s property.
- Transferring electricity, house tax, telephone, and bank accounts requires a legal heir certificate.
- Using a legal heir or surviving member certificate, members of a deceased person’s family can get claims for insurance, pension, official service benefits, government retirement privileges, government works, and property settlements.
How to Obtain a Certificate of Legal Heirship in Tamil Nadu
There seems a various medium of steps when it comes to obtain a Heirship certificate in Tamilnadu
Step 1– Approach the office of the Taluk/Tahsildar.
The applicant must go to the Taluk or Tahsildar Office in the area where they live.
Step 2– Receiving the Application Form is the second step.
For ₹60, the Taluk office will provide you with an application form, or you can download one here:
Step 3– This is where you submit your application.
The applicant must send the paperwork to the Taluk office after filling it out. Once you submit the form, you’ll get two tokens to meet with the VAO/RI within a few days.
On the back of each form, applicants must now fill in the following information:
- The applicant’s information is required in the first form.
- A total of ten letters of recommendation must be included in the second application form.
All legal heirs must be present when the VAO signs the application, and the applicant must also have their signatures.
Step 4- Sign and seal the VAO’s name and seal.
After verifying the legal heirs, the VAO signs and seals the document.
Step 5- Submission to the Revenue Inspector is the final step in this process.
Afterward, the Revenue Inspector visits the applicant’s house to verify the signature of the VAO on the application.
Step 6- Applying for the Tahsildar Officer is the final step.
To receive a token number, the applicant must submit the RI and VAO forms to the Tahsildar office.
Step 7- Issuance of the Certificate
A Tahsildar issues the certificate within 16 days of the submission of the form once the token number has been provided.
Certificate of Legal Heir-ship Requirements
An heir certificate is needed for the following reason:
- For transferring the deceased person’s property and assets to his successors.
- To file an insurance claim.
- Toto sanctions and processes the dead employee’s family pension.
- To receive government benefits such as pensions, gratuities, and the like.
- To receive the deceased employee’s salary arrears from the state or federal government.
- To find a job through compassionate selections.
How Do I Obtain a Certificate of Legal Heirship
Under Indian law, the following people are eligible for a legal heir certificate:
- The deceased’s spouse.
- Children of the deceased (son/daughter).
- A close friend or relative of the decedent.
- Form for applying.
- Meal plan.
- Voter ID and Aadhar Card.
- This is a passport-sized photo.
- The original death certificate of the deceased.
- The declaration of all surviving members in an affidavit.
- The death certificate and proof of residence.
If a spouse files for a legal heir certificate
- Self-declaration of the spouse specifying all other legal heirs, including the deceased person’s deceased wife if she is the applicant.
- An Aadhaar card, Marriage Registration Certificate, Passport, or Voter ID is required.
- Birth certificates or Transfer Certificates of their children are required.
If a child makes an application for a legal heir certificate
- Records of their parents’ deaths
- An application must accompany a copy of the applicant’s birth certificate, passport, UID, and T.C.
If the parents are deceased and the minor child applies
Records of their parents’ deaths
- Birth certificate / Passport / Aadhaar / T.C. of the applicant and all other legal heirs’ Aadhaar cards
- An order from the Hon’ble civil court establishing the heirs’ link to the guardian
Certificates of Completion
There are two types of legal heir certificates: those issued by the Tahsildar of the district in question and those granted by courts to the legal heirs of deceased people.
Conclusion
There are several criteria and loopholes in the law around inheritance, making it a complex topic to grasp. A legal heir certificate is one example. A Waris certificate is needed by the legal heirs when a person is a dead intestate, which means there was no will left behind. If you need help with all this, you can check out Vakilsearch.
FAQ:
1. What is a Varisu Certificate?
A Varisu Certificate, also known as a legal heir certificate, is a legal document issued by the government of Tamil Nadu that confirms the relationship between the legal heir(s) and the deceased. It is a mandatory document required by the heirs to claim the properties or dues of the deceased.
2. Who is eligible to apply for a Varisu Certificate?
The following individuals are eligible to apply for a Varisu Certificate in Tamil Nadu as per Indian law: - Spouse (wife/husband) of the deceased - Children of the deceased - Parents of the deceased - Siblings of the deceased
3. What is the validity of a Varisu Certificate?
The validity of a Varisu Certificate is not specified by the government of Tamil Nadu. However, it is advisable to obtain a new certificate if there is any change in the legal heirs or if the certificate is more than a year old.
4. How to apply for a Varisu Certificate?
To apply for a Varisu Certificate in Tamil Nadu, follow the steps given below: 1. Visit the official e-Sevai portal of the Tamil Nadu government. 2. Click on the 'Services Offered' tab and select 'Legal Heir Certificate'. 3. Download the application form, fill in all the details, and submit it to the designated authorities. 4. Provide the necessary documents such as the death certificate of the deceased person, address proof of the deceased, and address proof of all legal heirs. 5. Once the application is approved, the revenue department will issue the Varisu Certificate that can be downloaded.
5. How many days will it take for a legal heir certificate in Tamil Nadu?
The time taken to issue a legal heir certificate in Tamil Nadu may vary depending on the processing time of the revenue department. However, it usually takes around 15 to 30 days to issue the certificate.
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