What is a Legal Heir Certificate?
When there has been a sudden demise of a family member, a Legal Heir Certificate has to be obtained to authenticate the relationship between the heir and the deceased. It is an important document required for claiming the deceased person’s properties, provident fund, pension and other gratuity benefits, including benefits of central and state government departments.
In India, a Legal Heir Certificate is helpful when the deceased had not selected a nominee. Also, banks and private companies demand legal certificates to transfer deposits, balances, investments, shares, and so on.
Benefits of Legal Heir Certificate
- If the deceased leaves his/her successors without a will the property of the deceased will be partitioned between his/her successors in accordance with the Legal Heir certificate.
- As per the latest amendment to the Registration Act, the Legal Heir certificate has to be attached to the sale deed.
- To claim the deceased person’s insurance policy benefit.
- To inherit the bank balance of the deceased.
- To claim the P.F, Gratuity and other employee benefits of the deceased.
Checklist For A Legal Heir Certificate:
- The person applying for a Legal Heir certificate should a Legal Heir as prescribed by law.
- The death certificate of the deceased person has to be obtained by the applicant.
- Court fee stamps of Rs. 2 have to be affixed.
- The revenue officer can not issue a Legal Heir Certificate under the existence of any dispute of heirship.
- An original death certificate has to be produced.
- Application form as in the prescribed format (Tamil Nadu REV 114).
- Self-declaration affidavit in Rs. 20 non-judicial stamp paper.
Who are Legal Heirs?
Under the laws of India, the following people are considered to be the Legal Heirs of a person and can obtain a Legal Heir Certificate in India:
How Vakilsearch Helps In Applying For A Legal Heir Certificate
- Step 1: Procure an application form from the revenue office i.e VAO or R.I or online (REV 114 ) at costing Rs. 60
- Step 2: Make sure all the requisites are attached to the application.
- Step 3: Submit an application to the appropriate revenue officer i.e VAO (Village Administrative Officer).
- Step 4: The revenue officer will acknowledge your application, by affixing his/her seal or digital signature.
- Step 5: Forward the application to the revenue inspector who will conduct an inquiry. In the course of the inquiry, he/she will conduct a local inspection about the applicant and the deceased.
- Step 6: Further the application is presented before the tahsildar. He/she is the final authority in this process. At first, a token is issued to the applicant. Then on the specified day, the application is scrutinized thereby acquiring the final approval. The certificate is then issued sixteen days after the application has been approved.
The whole procedure of acquiring a Legal Heir certificate can take up to 30 to 45 days.
What Are The Documents required to obtain a Legal Heir Certificate?
- Self-undertaking, i.e. an affidavit drafted and notarised.
- Documentary Proof of Identity
- Documentary Proof of the Heir’s Residence
- Documentary Proof of Date of Birth.
- Death Certificate of the Deceased Person
- Documentary Proof of the Deceased’s Residence.
The Legal Heir certificate issued by a government authority, via the revenue department. Whereas the succession certificate is granted by a court of law.
No, but It is prudent to apply within 6 months from the deceased person’s date of death. However, these are not grounds for rejection by the revenue department.
Access To Experts
We provide access to reliable professionals and coordinate with them to fulfill all your legal requirements. You can also track the progress on our online platform, at all times.
By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.
With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.