In this article, you will learn about who can apply for a legal heir certificate and why it is required to do so.
In the case of a family member dying unexpectedly, a legal heir certificate must be acquired in order to transfer the deceased’s assets to their heir. A heir certificate is an essential document that establishes the deceased’s relationship with their legal heir.
Once the death certificate has been acquired from the municipality corporation, the heirs can apply for this legal heir certificate to assert their claim to the deceased person’s property and dues. Typically, lawyers assist in the preparation and registration of a certificate of the legal heir.
In this article, we will know how one can apply for a legal certificate and who can apply for the same.
Purpose of Legal Heir Certificate
A key purpose of the legal heir certificate is to recognize the legitimate successor, who can further claim the deceased person’s assets/properties. To lay claim to the deceased person’s property, all eligible heirs must have this certificate.
A certificate of legal heirship is needed for the following reasons:
- For transferring the demised person’s properties and assets to his heirs.
- To file an insurance claim.
- To sanction and process the deceased employee’s family pension.
- To receive government payments such as provident funds, allowance, and so on.
- To receive the deceased’s salary arrears as a state or central govt employee.
- To find work through compassionate appointments.
In general, when purchasing or registering property, we should ask for a legal heir certificate to determine ownership. There may be multiple legal heirs to ancestral property in some cases. In such cases, all legal heirs must sign the undertaking of conveyance, giving their permission to avert any litigation.
Who Is Eligible to Apply for a Legal Heir Certificate?
Not everyone can obtain a certificate of the legal heir. Under Indian Law, the following individuals are considered legal heirs and are eligible to receive at legal heir:
- The deceased’s spouse
- The deceased’s children (son/daughter).
- The deceased’s parents
What Is the Process to Obtain a Legal Heir Certificate?
An heir certificate can be acquired by contacting the area/taluk Thasildhar, the corporation/municipality office, and the district civil court. This certificate lists all of the deceased person’s legal heirs and is only issued after a thorough investigation.
The following is the procedure for getting a legal certificate:
- The legitimate heir of a dead individual must go to the district court in their area and request an application for a legal heir certificate. The applicant must complete the application and sign it before submitting it to the appropriate authority. This application includes the names of all heirs, their relationship to the dead, and the addresses of family members.
- All necessary documentation, including the death certificate of the deceased, must be attached to the application. Along with that, a death certificate from the municipal corporation is required.
- Along with the application, an affidavit on stamp paper or a self-declaration must be submitted.
- The inspector or administrative officer of revenue inspects and completes the investigation.
- The authorized officer issues the heir certificate once the investigation is completed successfully.
Important Note: In most cases, getting a legal certificate takes 30 days. If you experience an undue delay in receiving this certificate or if the relevant authorities fail to respond, you should contact the Revenue Division Officer (RDO) or sub-collector.
Documents Needed to Get a Legal Heir Certificate
The following documents are required to acquire a legal certificate:
- An application form has been signed
- The applicant’s identity and address must be verified
- The deceased’s death certificate
- Proof of all legal heirs’ birth dates
- A self-affirmation affidavit.
- Proof of the deceased’s address
Important Note:
- An applicant’s identity proof can be a voter ID, Aadhaar Card, driving licence, passport, or any other govt card of identity.
- Any valid identity proof or telephone/mobile bill, gas bill, or bank passbook with the legal heir’s name and address can be used as address proof.
- A birth certificate, school transfer/leaving certificate, PAN card, passport, or other proof of legal heirship is acceptable.
What is the Difference Between a Legal Heir Certificate and a Succession Certificate?
If the deceased person was a government employee, a legal heir document is given for the approval of a family pension or for appointment on relevant grounds. To transfer property-movable and immovable assets-a legal heir certificate is also provided.
- Under the various Property Laws in the country, a succession certification is issued when someone inherits any immovable or movable property. The Hindu Succession Act governs the majority of these issues. Some of them are covered by community acts or the Indian Succession Act. For both categories, issues must be understood in the proper context.
- An heir certificate is issued by the Tahsildar of the district to identify a specific deceased person’s living heirs, and the court issues succession certificates to a deceased person’s legal heirs.
- A fee of 3% of the overall property value will be charged for the succession certificate. A stamp of Rs.2 and stamp paper of Rs.20 will be required to release a legal certificate.
- The heir certificate and the succession certificate are not the same things. If the head of the family or a family member dies, the next legitimate heir of the deceased, such as the deceased’s wife/husband/son/daughter/mother, can apply for the Succession Certificate. This certificate can be used to transfer an electricity connection, a telephone connection transfer, a house tax, a bank account, the filing of IT returns – and other services.
Conclusion
In this article, we have covered everything about the Legal certificate including who can apply for a legal heir and what is the process of applying for a certificate. Before applying for a legal certificate, it is important to know all the aspects and details of acquiring a legal certificate. Vakilsearch helps you know the important details and gives you a complete guide on the same.
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