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What is Legal Heir Certificate?

When a family member dies suddenly, a Legal Heir Certificate online has to be obtained to authenticate the relationship between the heir and the deceased. Varisu certificate 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 varisu certificate is helpful when the deceased has not selected a nominee. Also, banks and private companies demand varisu certificates to transfer deposits, balances, investments, shares, and so on. Depending on your convenience, you can check for legal heir certificate status online and offline. It is always easier to check for legal heir certificate status online.

benefits of legal heir certificate

Checklist For A Legal Heirship Certificate:

  • The person applying for a waris certificate should be 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 ₹2 have to be affixed
  • The revenue officer can not issue a Legal Heirship 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 ₹20 non-judicial stamp paper.

How to Obtain a Legal Heir Certificate in India?

What are the steps to obtain a legal heir certificate and apply online? We've got you covered!

The process of obtaining a legal heir certificate online in India is simple.

  • The first step to get a legal heir certificate online is to visit the website of the regional office of the court in which the deceased person's last will was registered.
  • After finding the correct website, the next step in applying for a legal heir certificate is to look for the section dealing with legal heir certificates.
  • In this section for application for legal heir certificate, there will be a form that needs to be filled out. The form will require basic information about the deceased person and their heirs.
  • Once the form is completed, it will need to be submitted to the court along with all required documents. Depending on the court notice, there may be a fee for processing the request.
  • After the court reviews the request and all documents, they will issue the legal heir certificate.
  • The original copy of the certificate will be mailed to the address provided on the form, and a copy will be sent to the local police station.
  • It is important to keep in mind that this process can take several weeks to complete.
  • By knowing the steps to obtain a legal heir certificate and apply online, you can easily get through the compliance process. It is also easy to legal heir certificate status check online these days.

For a legal heir certificate status check, you will need to contact the office of the Registrar General. You can visit their website and click the 'Search Status' link. Here, you will need to enter your details, such as your name, date of birth, place, and father's name. Once you have entered these details, you can see your application's current status.

Who are Legal Heirs?

Under the laws of India,the following people are regarded as a person's legal heirs and are able to order an original legal heir certificate online in India:

  • Spouse
  • Son
  • Daughter
  • Mother
  • Father

Types of Legal Heir Certificate

A legal heir certificate demonstrates a person's connection to the dead and serves as evidence of succession. Depending on the nation and the particular legal criteria, there may be variations in the sort of legal heir certificate. Some typical varieties of legitimate heir papers are listed below:

Succession Certificate: This certificate is issued by a civil court and is granted to the legal heirs of a deceased person. It provides them with the authority to collect debts and securities due to the deceased person.

Letter of Administration: The legitimate heirs of a dead individual are given this document, which is issued by a civil court. It gives them the right to recover any debts or assets owed to the deceased.

Probate: This is a formal procedure that verifies the appointment of the will's designated executor as well as the validity of the decedent's will. The administrator receives a succession certificate from a probate court, which gives them the power to carry out the deceased's desires as laid out in the will.

Legal Heirship Certificate: This is a document that the Indian local tax officials issue to identify a dead person's legitimate successors. It is necessary for a number of things, including making claims for insurance, retirement, and other benefits.

Certificate of Inheritance The legitimate heirs of the dead are given this certificate by the court, which gives them the right to receive the deceased's land and assets.

Class 1 Legal Heir Certificate

In India, a Class 1 legal heir certificate is issued to establish the rightful heirs of a deceased person who has not left a will. It is issued by the local revenue authorities to the legal heirs of the deceased for claiming the assets and property left behind by the deceased.

The Class 1 legal heir certificate is issued to the following legal heirs of the deceased:

The Class 1 legal heir certificate is generally required for various purposes, such as claiming insurance, pensions, property transfer, and other benefits. The legal heirs must present a number of papers, including the deceased's death certificate, evidence of their connection to the deceased, and proof of their identification, in order to receive a class 1 legal heir certificate. In order to learn more about the particular requirements in your state, it is advisable to speak with a lawyer or other legal expert. The requirements and processes for getting the class 1 legal heir certificate in India may differ by state.

Class 2 Legal Heir Certificate

In India, a class 2 legal heir certificate is issued to establish the legal heirs of a deceased person who has not left a will and has no class 1 heirs. It is issued by the local revenue authorities to the legal heirs of the deceased for claiming the assets and property left behind by the deceased.

The class 2 legal heir certificate is issued to the following legal heirs of the deceased:

  • Widow or widower of the deceased
  • Son's daughter or son's son of the deceased
  • Daughter's daughter or daughter's son of the deceased
  • Father's mother of the deceased
  • Mother's mother of the deceased
  • Father's father of the deceased
  • Mother's father of the deceased
  • Brother of the deceased
  • Sister of the deceased

The class 2 legal heir certificate is generally required for various purposes, such as claiming insurance, pensions, property transfer, and other benefits. The legal heirs must present a number of papers, including the deceased's death certificate, evidence of their connection to the deceased, and proof of their identification, in order to receive a class 2 legal heir certificate. A lawyer or other legal expert should be consulted for advice on the specific requirements in your state as the precise requirements and processes for getting the class 2 legal heir certificate in India may differ by state.

AspectLegal Heir CertificateSuccession Certificate
PurposeTo establish the legal heirs of a deceased personTo establish the rightful successor of property
ApplicabilityRequired for claims on benefits, assets, and liabilities of the deceased personRequired to transfer property and debts of the deceased person
ScopeEstablishes the relationship of legal heirsProvides authorization to inherit and manage property
Issuing AuthorityIssued by local revenue authorities or concerned government departmentsIssued by a court through a legal proceeding
Documentation RequiredDeath certificate, applicant's relationship with the deceased, proof of address, etc.Death certificate, proof of relationship with the deceased, property details, legal process details
Usage LimitationsLimited to claiming benefits, pensions, bank accounts, insurance claims, etc.Allows the holder to transfer property, settle debts, and manage estate
DurationGenerally, the certificate does not expireTypically, valid until the estate is settled
Legal ProcessUsually involves a straightforward application processInvolves a court process, including public notices and hearings
Property TransferCannot be used for transferring propertyAllows the transfer of property and assets
Debt SettlementDoes not enable settling debts of the deceasedAllows the settlement of debts and liabilities
Public RecordGenerally not a part of public recordsPart of the public record and available to creditors and beneficiaries

How to Add a Legal Heir to File ITR?

In the name of the deceased proprietor, their legal heir(s) are responsible for filing an Income Tax Return (ITR) and settling the calculated income tax. The subsequent steps outline the procedure to be followed:

1. Navigate to the income tax e-filing website.

2. If you are a registered user, log in using your account credentials. Otherwise, select the 'Register Yourself' option to create a new account. Complete the registration process by furnishing all necessary details.

3. Once logged in successfully and registered as a representative, proceed to the 'My Account' section.

4. From the drop-down menu for request type, choose 'New Request.'

5. Under the 'Add/Register as a Representative' section, select 'Register Yourself' from the drop-down menu on behalf of another individual.

6. Opt for the deceased person's estate from the drop-down menu in the' Category to Register' section.

7. Selecting the 'Proceed' option will redirect you to an external page.

8. Provide essential details, including the deceased's PAN, estate name, and date of demise.

9. Create a zip file containing necessary documents such as a self-attested copy of the legal heir's PAN card, the deceased individual's PAN card, a copy of the death certificate, the legal heir certificate, or a notarized affidavit.

10. Once you've uploaded the documents, click the submit button to forward your request to the e-Filing Administrator.

How to Apply for Legal Heir Certificate?

The whole procedure of acquiring a Legal Heir certificate can take up to 30 to 45 days.

  • Step 1: Procure an application form from the revenue office i.e VAO or R.I or online (REV 114 ) at costing ₹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 certificate online.
  • 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 scrutinised thereby acquiring the final approval. The waris certificate is then issued sixteen days after the application has been approved.

Legal Heir Certificate Format

A legal heir certificate is an important document in India that provides proof of one's relationship to a deceased person. The certificate is typically used to claim benefits or assets from the deceased person's estate.To obtain a legal heir certificate in India, the applicant must first submit a request to the concerned authorities in a certain legal heir certificate format. Along with the request, the applicant must provide proof of relationship to the deceased person, such as a birth certificate, marriage certificate online, or death certificate. Once the authorities verify the applicant's relationship to the deceased person, they will issue a legal heir certificate.The legal heir certificate format in India varies from state to state. However, most certificates contain similar information, such as the name and address of the applicant, the name and date of death of the deceased person, and the relationship between the applicant and deceased person.

Documents Required For Legal Heir Certificate

  • Self-undertaking, i.e. an affidavit drafted and notarised.
  • Proof of identity
  • Proof of the Heir’s residence
  • Proof of date of birth.
  • Death Certificate of the deceased person
  • Proof of the deceased’s residence.

How to File ITR for the Deceased by Legal Heir?

Filing an ITR for a deceased person can be a sensitive and complex matter, but it's crucial to do it accurately and on time to avoid penalties and legal issues. Here's a step-by-step guide to help you, the legal heir, successfully file the ITR for the deceased:

1.Register as a Legal Heir:

  • Visit the Income Tax Department e-filing portal: https://www.incometax.gov.in/iec/foportal/
  • Click on 'Register as Legal Heir' under the 'Services' tab
  • Provide details like the deceased's PAN, death certificate, reason for registration, and your own PAN along with legal heir proof (e.g., will, succession certificate).
  • Once verified, you can log in with your credentials and switch to 'Representative Assessee' mode to access the deceased's tax details.

2.Gather Necessary Documents:

  • Death certificate
  • PAN card of the deceased
  • Your own PAN card copy (self-attested)
  • Proof of legal heir status (e.g., will, succession certificate)
  • Bank statements, salary slips, investment statements, and other income proofs of the deceased for the relevant financial year.

3. Choose the ITR Form:

  • Based on the nature and income of the deceased, select the appropriate ITR form. Common forms for deceased persons include ITR 1 (Sahaj), ITR 2 (Asal), and ITR 3 (Aykar).

4. Prepare Income and Deductions:

  • Compile income details from all sources like salary, bank interest, pensions, rentals, capital gains, etc.
  • Include any tax-deductible expenses incurred by the deceased
  • Use your best judgment based on available records and consult a tax advisor if needed.

5. File the ITR:

  • Enter all income and deduction details accurately in the chosen ITR form.
  • Attach scanned copies of the required documents mentioned above.
  • Verify and electronically sign the return using your digital signature or Aadhaar OTP.
  • Submit the ITR online before the due date (July 31st for next year's assessment).

Why Vakilsearch?

  • We provide access to reliable professionals and coordinate with them to fulfil 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.

FAQs on Legal Heir Certificate

Yes, a second wife can be a legal heir if the following conditions are met:

  • The second marriage is legally valid. This means the first marriage must have been dissolved through divorce or death before the second marriage took place.
  • The laws of your jurisdiction recognize inheritance rights for widows. In India, under the Hindu Marriage Act and Hindu Succession Act, a legitimate second wife is considered a Class I legal heir, along with any children from the second marriage.
  • The process for obtaining a legal heir certificate can vary depending on your jurisdiction. Here are the general steps:

  • Gather required documents: These typically include death certificate, proof of your relationship to the deceased (e.g., marriage certificate, birth certificate), and proof of identity.
  • Apply to the appropriate authority: This is usually the local court or tehsildar office.
  • Pay the required fees.
  • Submit the application and supporting documents.
  • Receive the certificate: The processing time can vary, so check with the issuing authority for updates.
  • When an unmarried person dies, their property will be distributed according to the intestacy laws of your jurisdiction. These laws dictate who inherits in the absence of a will. In India, for example, the property would typically go to the deceased's parents, children, siblings, or other close relatives in a specific order.
    This depends on several factors, including:

  • Whether you were legally married: If you were legally married, you may have inheritance rights to the house even if your name is not on the title deed. This varies depending on your jurisdiction and whether your husband owned the house individually or jointly.
  • Presence of a will: If your husband left a will, it will determine who inherits the house.
  • Joint ownership:If you and your husband jointly owned the house, you likely have automatic inheritance rights, regardless of your name being on the deed.
  • The government authorities that distribute legal heir certificates vary from state to state in India. However, in most states, the following authorities can issue legal heir certificates:
  • Sub-Divisional Magistrate (SDM)
  • Tehsildar
  • Revenue Officer
  • Executive Magistrate
  • Municipal Commissioner
  • District Collector
  • No, a legal heir certificate issued by Indian authorities is not valid internationally. If you need to prove your succession rights in another country, you will need to obtain a succession certificate from the relevant authorities in that country.
    If a father dies without a will, his property will be distributed among his legal heirs according to the succession laws of the religion he was following at the time of his death.
    Yes, a married daughter can claim her father's property. Under Hindu law, daughters have equal rights to their father's property as sons.
    Yes, a father can give all his property to one child, but only if it is his self-acquired property. He cannot give away all of his ancestral property to one child, as all of his children have equal rights to ancestral property.
    Be certain to possess a death certificate. Visit the organisation that provided the certificate, supply them with the decedent's information and the date the legal heir certificate was issued, and they will offer you a duplicate certificate. There will be a minimum charge.
    The revenue department issues the legal heirship certificate, and there is a minor fee of between ₹200 and ₹300 must be paid in order to obtain the needed certificate.
    Yes! All you have to do is contact our experts at Vakilsearch!
    Yes! One can get it from the district court.
    There is no need for renewal for the legal heir certificate. It is valid for a lifetime.

    Recent Updates

    Legal Heirs Required To File The Income Tax Returns Of The Deceased

    November 20, 2020

    As per Income Tax Laws of India, income tax returns of the deceased are to be filed in accordance to the year he/she died. Although legal heirs have the right to the deceased person’s income, they cannot file one income tax return, by merging the deceased person’s income with theirs.

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