After the death of family members, if any or all of the legal heirs wish to get access and right to the property of the deceased, then there is the need to obtain a legal heirship certificate. A legal heir certificate has multiple benefits, and it is one of the most authentic legal documents related to property.
Even before knowing the cost of obtaining a legal heirship certificate, it is important to understand what a legal heirship certificate is all about. In case of sudden and unexpected death of any family members, there is always a legal need for a certificate to be issued in the name of the heir if the heir wants to inherit parts or whole of the movable and immovable assets and property.
It is a legal document claiming the right of the legal heir to the property by showing the relationship between the dead person and the heir.
Usually, the local municipality or the corporation issues the death certificate, and the heir can claim all their legal right over the property and the dues. You can consult a lawyer who can help to register and draft the certificate properly.
In order to get the legal heir certificate, there are certain things that one needs to keep in mind. Who is a legal heir, who is eligible for applying for the legal heir certificate, how long does it take to get the certificate, sample applications, ideas about the legal heir certificate and what is the process of legal registration for the heir? It is very important to check out the best lawyers available locally to check what kind of service they provide.
You should know that there is a difference between the Succession and the legal heir certificate, and you have to access an online form, fill it up and then update all the major documents needed for the registration part as a legal heir. In addition, when you start applying, you should also consider the income tax and know who can be categorized under the category of legal heir. If there is the spouse of the deceased, daughter, son, father, or mother of the deceased, they can claim right as the for the legal heir certificate.
It is an extremely important document for securing loans, gratuities, exchanges etc., and claiming provident fund benefits and property transfers. For any successful receipt of property or any kind of facility after the deceased person, one needs to produce a valid legal heir certificate even for all banking activities.
The rules apply to all the widowed women of the family, even a widower if he has lost his wife. For instance, as per the Indian legal heir procedures, after a female Hindu dies, the right to obtain legal heirship can be done by the husband, children, and siblings.
Procedure To Obtain Legal Heirship Certificate
In India, you can try to obtain the legal heir certificate by contacting the area or the taluk Tahsildar. This is done with help from the corporation or the local municipality, and you can also connect with the local civil court. There is a proper inquiry about who the legal heir is, what kind of relationship the legal heir shared with the deceased person, who the other probable heirs are, etc. Along with that, the given steps should also be followed:
- The one who is a legitimate heir of the deceased person should go to the district court and ask for an application for the legal heir. The signed application and all the necessary documents should be submitted to the district court.
- After this, to facilitate the process of getting a legal heir certificate, there should be a name list of all the possible legal heirs, their addresses, contact numbers, road directions, tahsils etc. The death certificate should also be attached to the main application, a death certificate that is received from the municipality or the city corporation.
- There should be an affidavit done on stamp paper, and parallelly there should be a self-declaration that needs to be submitted along with the main application. An administrative or revenue office should conduct the entire inquiry process, and after the completion of the inquiry, the authorised officer gives the legal heir certificate. After that, the process gets facilitated for around 30 days, and if there is any delay, the heir can also approach the revenue division officer or the sub-collector. But if you are applying for the succession certificate, it takes around 6-7 months.
Different Costs Required in the Different States
If you want the issuance of a legal heir certificate to be received, you have to pay ₹2 for a stamp and ₹20 for stamp paper for the affidavit to be done. Sometimes additional amounts can be given, but it is generally asked as something unofficial, but that is not exorbitant. And there can also be around 3% of the attorney’s total fees as a part of the entire official process. Because all the documents used in the process should be notarised in particular, it usually takes one to two months to get the legal heir certificate. Still, it also varies from one state to another.
Conclusion
The legal heir certificate is an essential document for the heirs to receive after the death of the near and dear one. In case of the death of any or both of the parents, the legal heir has to complete all the formalities and then expect the reception of the certificate.
For the division of assets between siblings, cousins, wife or husband, or the sons and daughters of the deceased, there is a need to have the legal heir certificate. If you are looking for relevant details concerning the above topic, please visit the website of Vakilsearch. It is a professional firm dealing with the aforesaid information.
Also, Read:
