Read below to get every little details about the legal heir certificate including the benefits of obtaining the legal heir certificate.
The legal heir certificate is a kind of document that brings a relationship between the dead or deceased person and his heirs to transfer the assets. The benefits of obtaining an heir certificate are that the heir can obtain the pension claims, insurance claims, retirement benefits, claims, etc. This certificate contains the following details
- Name
- Age
- Relationship with the deceased
- Marital status of all the surviving family members
What Is a Legal Heir Certificate?
When a person whether husband or parent died without leaving a will behind, a certificate is issued by the government called a legal heir certificate. It is a crucial document that ensures the deceased’s, legitimate heirs. This document is obtained from the municipality office to claim their rights towards the property and debts of a deceased person.
One can request the certificate to claim the related insurance, pension, retirement benefits, state and federal government departments, government undertakings, and many more. The person can also include the name of their possible heirs on the application form.
A valid and heir certificate assures the relationship of the successors to the deceased for claims related to gratuity, pension, provident fund, or other service-related benefits from federal and state government agencies where the deceased is not a nominee. These certificates or documents are accepted by banks and private companies to transfer deposits, balances, portfolios, and assets.
Who Can Apply for Legal Heir Certificates?
According to Indian Law, only the following person is considered a legal heir who can claim the legal heir certificates:-
- Spouse of the deceased
- Children, sons, or daughters of the deceased
- Parents of the deceased
- Siblings of the deceased
Documents Required for the Legal Heir Certificate
The following documents are used to obtain the legal heir certificates –
- Signed application form
- Identity proof like an Aadhaar card, driving license, passport, or any card issued by the government of the applicant for verification.
- Address proof of the applicants such as an identity proof, phone or mobile bill, gas bill, or bank passbook with the name and address of the legal heir to verify the address.
- The death certificate of deceased
- Self-undertaking affidavit
- Proof of date of birth of legal heir with the birth certificate, a school transfer certificate, a PAN card, or a passport.
- Address proof of the deceased
Format of Legal Heir Application
Legal Heir’s detail
- E-District registration number
- Aadhaar number
- Name of applicant
- Name of Father
- Name of mother
- Name of spouse
- Gender
- Date of birth
- Mobile number
- Email ID
- Present address
- Purpose of certificate
- Applicant’s Relationship to the Deceased
Deceased Details
- Name of Deceased
- Father’s / Husband’s Name
- Mother’s Name
- Gender
- Death Certificate No
- Death Certificate Issue Date
- Date of Death
Details of other surviving family members
- ID proof like PAN card, Aadhaar card, Voter ID card, and Passport.
- Address proof like water bills, gas bills, ration card, passport, Aadhaar card, or any other identity proof.
- Passport size photograph.
Procedure to Obtain the Legal Heir Certificate
The heir can obtain the legal heir by approaching the area or Taluk Tahsildar or from the corporation municipality office of your area and also from District civil court. The certificate will be only issued after proper inspection. To obtain the legal heir certification, follow the following procedure –
- The first step is to visit the Tehsildar or Taluk office. The heir can also approach a lawyer from the District Civil court.
- Now the applicant will receive the application from the concerned Tehsildar officer.
- In this step, the applicant is supposed to enter the required details in the application form.
- Now attach all the required documents mentioned above with the application form.
- The application also has to affix the stamp of ₹2 with the application form.
- After all these steps, the application is submitted and verified by the Village Administration Officer and Revenue inspector.
- After completing the verification processes, the certificate is issued by the concerned authority.
This whole procedure takes a time of 30 days. In case of unnecessary delay, the applicant can register a complaint about the delay to the Revenue Division officer (RDO) or the sub-collector.
Benefits of Obtaining a Legal Heir Certificate
The major purpose of issuing a legal heir certificate is to determine the genuine heir to the property and assets of the deceased person. The heirs need to get this certificate to claim the property of the deceased.
This certificate holds the following benefits :
- The legal heir certificate is used to claim the insurance.
- This certificate is also used to transfer the property and assets of the deceased person.
- A legal heir is required to obtain employment through compassionate appointments.
- This certificate is important to receive the salary arrears from the deceased state or federal government employee.
- A legal heir is also used to access the benefits from the government for instance provident funds, gratuity, and other benefits.
Why Is a Legal Heir Certificate Necessary?
The legal heir is only used for limited purposes. Although, there’s no conclusive proof for the actual purpose of determining the legitimate class of heirs of a deceased person. All this process is completed under the law of succession or the title of heirs to any disputed property that belongs to the deceased. In this situation, a succession certificate is considered instead of a legal heir certificate.
This document is also used in a situation where the person dies without any valid will for bank transactions and financial institutions, court litigation, etc, and this document becomes invalid. In such cases, a succession certificate is issued by the civil court on the application.
Conclusion
You never know what is going to happen to you and your family the next moment. Thus, you must know everything about such documents. The major benefit of obtaining a legal heir is that it helps the heirs to claim property, assets, jobs, insurance, and other things of the deceased person. If you wish to know more about it, you can get in touch with the experts from Vakilsearch.
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