Legal Heir Certificate Procedure
What is a legal heir certificate?
The Indian Succession Act 1925, defines succession certificate issued by the court to the Legal Heir,the Legal Heir Certificate is to be obatined by a person when there is sudden death in that person’s family,his/her legal heir must obtain the certificate to transfer the assests owned by the one who is passed away,it is really essential to have a certificate by the legal heir further to obtain the assests of deceased in short they must be related,the one who is applying for the assest is to be known as successor.
The inheritance certificate is really essential document to establish the relation between the owner and the legal heir, the legal heir has to obtain the death certificate from the municipality/corporation, thus later the successor can claim his/her right’s over the property or assets in some conditions the deceased person may have some dues to be paid thus the legal heir later also entails the obligation to pay.
The key goal is to make it easier to raise debts on the inheritance and for parties to pay debts to the deceased person’s representatives.
Purpose of obtaining the Legal Heir Certificate
The Indian Succession Act,1925 does not give a method to obtain a legal heirship certificate, the certificate can be obtained through revenue officers such as tahsildars, revenue Mandal officers, talukdar’s of the respective area from the district civil court, the legal heir certificate is provided by the system after a proper enquiry.
The revenue officer cannot grant a valid heirship certificate because it is inconclusive in deciding the legitimate class of heirs of a deceased individual under the law of succession to any property incurred by the deceased. As a result, the heirs are required to appear in court to determine who the legitimate heirs are.
Further steps to incur the Legal Heir Certificate,
1. Contact the Taluk’s Office
The succeeding Tehsildar or Taluka must pay a visit to the Tehsildar’s or Taluka’s office.
2. To receive the application form
The successor will have to obtain the application from the required tehsildar’s/taluk’s office
3. Fill in the Details
The successor will have to enter all the further details to the application form
4. Documents must be filled properly and submitted successfully
The person or the heir must ensure that he has filled up all the details of the application and has attached all the required documents fulfilling the criteria of such certificates.
5. Applying the Stamp
The Successor must stamp the application form with a Rs.2 stamp.
6. Submission of the application
Once the process is done later the successor has to submit the application form to the authorized officer in the tehsildar’s/Taluka’s office
7. Process of Confirmation
As a result, the village administrative officer and revenue inspector examine the application.
8. The Certificate Issuance
The certificate will be given to the successor/successors after the verification procedures are completed. The inheritance certificate needs to get delivered after 30 days. However, if the delay is too long or the competent authority refuses to mention/answer, the successor should contact the Revenue Division Office (RDO) or branch director.
Legal Heir’s Certificate requirement for the following purpose
In General, to purchase any property or registration the buyer always request’s for the inheritance Certificate to confirm that the seller’s got ownership over the property, there can be a condition where there are several legal heirs for an ancestral property and in such cases, it is mostly required that all the legal heirs’ sign on the conveyance deed providing their approval to avoid any further litigations.
There are certain requirements as follow’s
1. Transferring properties and assests of the person who has passed on to his/her successor
2. Claiming the Insurance
3. Sanctioning and processing the family pension of the deceased person
4. Receiving government payments such as provident fund contributions, gratuities, and so on
5. Receival salary of the deceased , holding state or government employee
6. To obtain employment based on Compassionate appointments.
Who can Apply for Legal Heir Certificate
Under Indian law, the following individuals are considered legal heirs and are eligible to receive the Legal Heir Certificate.
1. Parents of the Deceased.
2. Siblings of the Deceased.
3. The Deceased’s Wife.
4. Descendants of the Deceased.
The process to Acquire the Legal Heir Certificate
The legal heir certificate is obtained from the relevant region and civil district court. The certificate lists all the legal heirs of the deceased and is only delivered after a thorough investigation. The certificate of legal heir is obtained as follows:
1. The legal heir must approach the appropriate authority in the respective area and ask for a inheritance certificate application later the applicant must fill in the application and submit it to the respective authority the application must contain the legal heirs’ relation to the deceased and addresses of family members.
2. Every required document in relation to the application must be attached (A death certificate must be acquired from the municipality/Corporation office).
3. The affidavit or self-declaration must be submitted with the application.
4. The enquiry process must be completed by the Revenue Inspector/Administrative office.
5. The approved officer issues the inheritance Certificate after the investigation process is completed successfully.
6. To obtain the inheritance Certificate it generally takes like 30 days if any delay then the successor must approach the Revenue Division Office/Sub-Collector.
Requirement of Documents for Legal Heir Certificate
To acquire the Legal Heir Certificate following list of the documents are required :
1. A completed and signed application form.
2. The applicant’s identity and address must be checked.
3. The Deceased’s Death Certificate
4. Confirmation of all legitimate heirs’ dates of birth.
5. Affidavit of Self-Undertaking.
6. Provide evidence of the deceased’s address.
Note:
1. In some of the states the applicant has to approach the counter services like CSC centres/e-seva etc to apply.
2. In some states the applicant has to apply using the respective state department online portal.
3. To find the contact details and the application form from the respective state portal procedures by using the link provided under respective states.
4. Submission of all the original and copy of original with self-attestation as advised by the respective authorities to be submitted as per the requirement of the office.
5. Leaving the above documents authorities may ask to submit additional information or documents for further processing.
Case Laws :
1. Dr Mahesh Chand Sharma vs SMT Raj Kumari Sharma ORS on Dec 1, 1995
2. Balvant N. Viswamitra and ORS vs Yadav Sadashiv Mule Aug 1, 2004
Reference links –
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