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    Legal Heir Certificate Details

    Uploaded by

    rajesh
    A legal heir certificate establishes the relationship between deceased family members and their legal heirs. It is required to transfer the deceased's assets and claim benefits. A legal heir certificate differs from a succession certificate, which is issued by a civil court. To obtain a legal heir certificate, heirs submit an application along with the death certificate and affidavits to the local revenue officer, who verifies heirship through inquiry.

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    Legal Heir Certificate Details

    Uploaded by

    rajesh
    460 views3 pages
    A legal heir certificate establishes the relationship between deceased family members and their legal heirs. It is required to transfer the deceased's assets and claim benefits. A legal heir certificate differs from a succession certificate, which is issued by a civil court. To obtain a legal heir certificate, heirs submit an application along with the death certificate and affidavits to the local revenue officer, who verifies heirship through inquiry.

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    A legal heir certificate establishes the relationship between deceased family members and their legal heirs. It is required to transfer the deceased's assets and claim benefits. A legal heir certificate differs from a succession certificate, which is issued by a civil court. To obtain a legal heir certificate, heirs submit an application along with the death certificate and affidavits to the local revenue officer, who verifies heirship through inquiry.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    460 views3 pages

    Legal Heir Certificate Details

    Uploaded by

    rajesh
    A legal heir certificate establishes the relationship between deceased family members and their legal heirs. It is required to transfer the deceased's assets and claim benefits. A legal heir certificate differs from a succession certificate, which is issued by a civil court. To obtain a legal heir certificate, heirs submit an application along with the death certificate and affidavits to the local revenue officer, who verifies heirship through inquiry.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    A legal heir certificate establishes the relationship between the deceased and legal heirs and is required to transfer the assets of the deceased. A succession certificate can be used to settle disputed property in court.

    A legal heir certificate is used for claiming benefits like insurance, pension etc. while a succession certificate issued by a civil court is for settling disputed property in court. A legal heir certificate does not conclusively establish succession under Indian law.

    The steps are submitting an application with required documents, conducting an enquiry by the revenue official and issuing the certificate within 30 days generally.

    Legal Heir Certificate

    In case of a sudden demise of a family member, a legal heir certificate must be


    obtained for transferring the assets of the deceased to his/her legal heirs. A legal
    heir certificate is a very important document to establish the relationship between the
    deceased and legal heirs. Once the death certificate is obtained from the
    municipality/corporation, it is required that the successors apply for this legal heir
    certificate to claim their right over the deceased person’s properties and dues.
    Usually, lawyers help draft and register a legal heir certificate.

    A legal heir certificate is different from a succession certificate, a succession


    certificate is generally issued by the civil court and there are separate procedures to
    obtain the same. Major differences between these two certificates are listed below:

     Legal heir certificate usage is limited to certain matters such as claiming employee
    benefits of the deceased, insurance claims, property registration etc.
     A legal heir certificate is not conclusive proof under the law of succession India.
     With respect to the settlement of any property which is disputed or under court
    litigation, a succession certificate is vital.

    The following persons are considered legal heirs and can claim a legal heir
    certificate under Indian Law:

     Spouse of the deceased


     Children of the deceased (Son/ Daughter)
     Parents of the deceased
     Sibling of the deceased

    Uses of Legal Heir Certificate


    As stated above, a legal heir certificate identifies the rightful successor who then,
    can claim the assets/properties of the deceased person. All eligible successors must
    possess this certificate to lay a claim over the deceased person’s property.

    Legal heir certificate is required for the following


    purpose:
     For transferring properties and assets of the demised person to his successors.
     For claiming insurance.
     For sanctioning and processing family pension of the deceased employee.
     To receive dues such as provident fund, gratuity etc from the Government
     To receive salary arrears of the deceased, state or central Government employee.
     To gain employment based on compassionate appointments.

    Generally, for any property purchase or registration, the buyer should request for a
    legal heir certificate to ascertain the ownership of the property. There can be
    instances, where there are several legal heirs for an ancestral property and in such
    cases, it is required that all legal heirs sign on the deed of conveyance giving their
    approval to avoid any litigations.

    Procedure to Obtain Legal Heir Certificate


    Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or
    from the corporation/municipality office of the respective area, and from the district
    civil court. This certificate names all legal heirs’ of the deceased person and is
    issued only after a proper enquiry. Listed below are the steps involved in the process
    of obtaining a legal heir certificate:

     The legitimate heir of the deceased person must approach the appropriate authority
    in the respective area

    with a signed application. This application should contain the names of all the legal
    heirs, their relationship with the deceased and addresses of the family members.
    The death certificate of the departed person should also be attached. (Death
    certificate must be obtained from the municipality/corporation office)

     An affidavit on stamp paper has to be submitted.


     Revenue Inspector/administrative officer conducts an inspection and completes the
    enquiry.
     Once the enquiry is completed successfully, the authorized officer issues the Legal
    heir certificate

    The process of obtaining a legal heir certificate generally takes 30 days. If there is an
    unnecessary delay in receiving this certificate or the concerned authorities fail to
    respond, you should then approach the Revenue Division Officer(RDO)/sub-
    collector.

    Documents Required
    In order to obtain a legal heir certificate, following is the list of documents required:

     Signed application form


     Identity/Address proof of the applicant
     Death certificate of the deceased
     Date of Birth proof of all legal heirs
     A self-undertaking affidavit
     Address proof of the deceased

    Note:

     Identity Proof of Applicant can be voter’s ID, Aadhaar Card Driving License,
    Passport or any other government-issued identity card.
     Address proof of legal heir can be any valid identity proof or telephone/mobile
    bill, gas bill, bank passbook with the name and address of the legal heir
     Date of birth proof of legal heir can be a birth certificate, school
    transfer/leaving certificate, PAN card, passport etc.

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