Legal heir certificate

Legal-Heir-Certificate

1.What is a legal heir certificate?

When a parent or husband dies without leaving a will, the government issues a legal heir certificate. A legal heir certificate is an important document that certifies the deceased's, legitimate heirs. After obtaining a death certificate from the municipality, the heirs can apply for the legal heir document to claim their rights towards the deceased person's property and debts.

A legal heir certificate is issued to establish a relationship for claims relating to insurance, pension, retirement benefits, state and federal government departments, government undertakings, and so on. Only one legal heir can request the certificate, and they must include the names of other possible legal heirs on the application form. Typically, lawyers assist in the drafting and registration of a legal heir certificate.

A valid heir certificate identifies the relationship of the successors to the deceased for claims related to gratuity, pension, provident fund, or other service-related benefits from federal and state government agencies where the deceased has not specified a nominee. Banks and private companies accept these certificates for transferring deposits, balances, portfolios, and assets.

2.What are the benefits of obtaining a legal heir certificate?

A legal heir certificate assists in determining who is the genuine heir to the deceased person's assets and property. To lay claim to the deceased's property, all eligible heirs should have this certificate. The following are the advantages of a legal heir certificate:

  • A legal heir certificate is used for claiming insurance.
  • It is also used to transfer the demised person's property and assets to his heirs.
  • A legal heir certificate is essential for the dead employee's family pension to be sanctioned and processed.
  • A legal heir certificate is a required for gaining access to government benefits such as provident funds, gratuity, and other benefits, a legal heir certificate is required.
  • A legal heir certificate is a must to receive salary arrears from a deceased state or federal government employee, 
  • A legal heir certificate is also required to obtain employment through compassionate appointments.

3.How to attain a legal heir certificate?

  • The Legal Heir certificate can be obtained from the district civil court, the area Tahsildar, or the municipality office of the particular region.
  • The deceased person's rightful heir must go to the proper official in their area and request a legal heir certificate application. 
  • The applicant must complete the application and sign it before submitting it to the appropriate authority.
  • The application should include all essential documentation, including the deceased person's death certificate.
  • Along with the application, an affidavit on stamp paper or a self-declaration must be submitted.
  • An inspection is conducted, and a Revenue Inspector officer completes the investigation.
  • The authorised official issues the Legal heir certificate once the investigation is concluded successfully.
  • In most cases, acquiring a legal heir certificate takes 30 days.

4.What is a Warison Certificate?

A Warison certificate is a legal heir certificate that is required if there is no valid will. The certificate can be obtained once a lawyer files a case with the Court of Competent Jurisdiction. The lawyer's fees and the cost of documents will make up the majority of the expense.

5.What are the documents required for acquiring a legal heir certificate?

      The documents required for legal heir certificate are as follows:

  • Signed application form
  • Identity proof of the applicant: A voter's ID, an Aadhaar card, a driver's licence, a passport, or any government-issued identification card may be used to verify the applicant's identity.
  • Address proof of the applicant: Any acceptable identity proof, such as a phone/mobile bill, gas bill, or bank passbook with the legal heir's name and address, can be used to prove the legal heir's address.
  • The deceased's death certificate
  • Proof of all legal heirs' dates of birth: It could be a birth certificate, a school transfer certificate, a PAN card, or a passport.
  • An affidavit of self-undertaking
  • Address proof of the deceased

6.How can I acquire a legal heir certificate online?

To receive the legal heirship certificate online, go to the official website for your state (respective E-district portal) and follow these instructions:

  • On the homepage, select "Apply Online."
  • The login screen will display, and you will be prompted to input your registered mobile phone number.
  • Follow the instructions and fill out the online application form.
  • The appropriate department will handle your application following the protocol.
  • Finally, upload the necessary scanned documents, such as proof of identification, proof of address, and so on.
  • To submit your application successfully, click the "Save" button.
  • Then complete the application fees using the "Online Payment" option.
  • Following successful payment, Applicants can view legal heir certificate online.
  • They can also download the certificate from the website.

7.What is the eligibility criteria for obtaining a legal heir certificate?

To apply for a legal heir certificate, you must be one of the following people.

  • A deceased person's spouse
  • A deceased person's son
  • A deceased person's daughter
  • A deceased person's Father
  • A deceased person's Mother
  • A deceased person's brother
  • A deceased person's sister

Only those on the above list are eligible to apply for and get a legal heir certificate.

A Hindu male's legal heir

The assets of a male Hindu who dies intestate are distributed first to his heirs, the relatives listed in class I of the Hindu Succession Act. According to Hindu personal law, the following is a list of legal heirs:

  • Son
  • Daughter
  • Widow
  • Mother
  • Son of a predeceased son
  • Daughter of a predeceased son
  • Son of a predeceased daughter
  • Daughter of a predeceased daughter
  • Widow of a predeceased son
  • Son of a predeceased son of a predeceased son
  • Daughter of a predeceased son of a predeceased son
  • Widow of a predeceased son of a predeceased son.

8.What is the intent of the legal heir certificate?

The intent of obtaining the legal heir certificate is as follows:

  • To transfer property and assets,
  • To get employment through a compassionate appointment 
  • For the sake of filing insurance and pension claims.
  • To collect government benefits such as provident fund, gratuity, and so forth
  • To receive the deceased's wage arrears as a state or federal government employee.

A  legal heir certificate serves a specific purpose. It is not regarded as adequate proof for identifying the legal class of heirs of a deceased person as per the laws of succession to any disputed property owned by the deceased, in which case a succession certificate is required. A Legal Heir Certificate is also not valid in circumstances where a person dies without a legal will for bank and financial institution transactions, court litigation, and so on. In such instances, a civil court will issue a Succession Certificate upon application.

A legal heirship certificate is applied for as soon as the death certificate is received to verify the deceased's relationship with the person named as his legal heir. It essentially aids in the identification of a person as the deceased's legitimate heir.

9.What is the procedure for obtaining a legal heir certificate?

Legal heir certificates may be obtained from the area Tahsildar, the municipality office of the particular area, and the district civil court. You must follow the procedure given below to obtain a Legal Heir Certificate:

  • The applicant must visit the Tehsildar's office and request the Legal Heir Certificate from the taluk office. They could also hire a lawyer to obtain the document through the District Civil Court.
  • The applicant must get an application form from the Tehsildar officer in charge, fill in the application form by entering all the relevant details, and attach any required documents to the application form.
  • The applicant will need to stamp the application form with a Rs. 2 stamps.
  • Once this is completed, the applicant must submit the application form to the Tehsildar office's authorised officer.
  • Following that, the application is checked by the Village Administrative Officer and Revenue Inspector to ensure that all of the information and documents supplied are accurate.
  • The appropriate authority will issue the certificate after all of the verification steps have been completed, and it will list all of the deceased's legitimate heirs.
  • In most cases, obtaining a Legal Heir Certificate requires 30 days. Still, if there is an unreasonable delay or the concerned authorities refuse to reply, you must contact the Revenue Division Officer (RDO) or the sub-collector.

10What is the format of the legal heir certificate

The Legal Heir Certificate format is provided below:

Legal Heir’s details

  • E-District registration number
  • Aadhaar number
  • Name of applicant
  • Name of Father
  • Name of mother
  • Name of spouse
  • Gender
  • Date of birth
  • Mobile number
  • Email ID
  • Present address
  • Purpose of certificate
  • Applicant's Relationship to the Deceased

Deceased details 

  • Name of Deceased
  • Father’s / Husband’s Name
  • Mother’s Name
  • Gender
  • Death Certificate No
  • Death Certificate Issue Date
  • Date of Death

Details of Surviving Family Members

  • ID proof such as pan card, Aadhaar card, voters ID, passport
  • Address proof such as water bill, telephone bill, ration card, Passport, Aadhaar card
  • Passport size photograph

11.A Step-By-Step guide for applying for a legal heir certificate

Below is the step by step guide for applying for legal heir certificate:

Legal heir certificates may be obtained from the area Tahsildar, the municipality office of the particular area, and the district civil court. You must follow the procedure given below to obtain a Legal Heir Certificate:

  1. The applicant must visit the Tehsildar's office and request the Legal Heir Certificate from the taluk office. They could also hire a lawyer to obtain the document through the District Civil Court.
  2. The applicant must get an application form from the Tehsildar officer in charge, fill in the application form by entering all the relevant details, and attach any required documents to the application form.
  3. The applicant will need to stamp the application form with a Rs. 2 stamps.
  4. Once this is completed, the applicant must submit the application form to the Tehsildar office's authorised officer.
  5. Following that, the application is checked by the Village Administrative Officer and Revenue Inspector to ensure that all of the information and documents supplied are accurate.
  6. The appropriate authority will issue the certificate after all of the verification steps have been completed, and it will list all of the deceased's legitimate heirs.
  7. In most cases, obtaining a Legal Heir Certificate requires 30 days. Still, if there is an unreasonable delay or the concerned authorities refuse to reply, you must contact the Revenue Division Officer (RDO) or the sub-collector.

12.What is the cost of procuring a legal heir certificate?

The legal heir certificate cost is very minimal; by paying a fee of Rs. 15, the applicant can request a legal heir certificate. An additional fee of approximately 3% of the property's total value will be payable for a legal heir certificate and unofficial requests for money.

Points to remember when obtaining a legal heir certificate:

  • To establish a claim to the deceased person's assets, all eligible heirs must have this certificate.
  • You must have the deceased person's death certificate before applying for the legal heir certificate; if you do not have one, you must apply for one at the municipality or tehsil office in your area.
  • When applying for the form, legal heirs must include all factual elements and all of the legal heirs' names. If an objection is lodged against the grant of this certificate, the legal heir certificate can be cancelled or revoked.
  • Under Section 159 of the Income Tax (IT) Act, legal heir certificate holders are also obligated to file a tax return on behalf of the deceased as his agent.
  • From April 1 to the date of the deceased's death, a legal heir must pay income tax on the deceased's earnings. On the other hand, the legal heir is not required to pay the tax out of his pocket.

13.Which certificate is needed for an immovable property?

According to Property Laws in India, a Succession Certificate is necessary for immovable property. The certificate authorises an heir to collect on the deceased's debts. Heirs are expected to substantiate their claims in the case of a will. It is a document issued by the appropriate civil court that certifies a rightful person as the deceased person's heir. This certificate allows the deceased person's successor(s) to collect on their obligations and securities. 

When a deceased person leaves a lawfully executed "Will," the entire property of the deceased person under the "Will" settles in the executor of the will, and a "Succession Certificate" cannot be given in such situations, according to Section 370 of the Indian Succession Act.

How to Get a Succession Certificate in a few Easy Steps:

  • To get a succession certificate, the recipient must file a petition with the court.
  • The certificate might be issued by a District Judge in the region where the property- is located or by a Judge in the region where the deceased lived.
  • The beneficiary's name, relationship to the deceased, other heirs' names, and details about the death will all be included in the petition. The petition must also include a copy of the death certificate.
  • The court will then notify the parties involved and announce a deadline by which anyone can file an objection.
  • The beneficiary receives a certificate from the court if no objections are submitted. A joint certificate is given when there are numerous beneficiaries. There will be no property with several legally binding certifications.

Revocation of the Succession Certificate

A certificate issued under Section 383 of the Act may be cancelled for any of the following reasons:

  • If the procedure for acquiring the certification was flawed,
  • If the Certificate was obtained deceptively.
  • Due to unforeseen circumstances, if the certificate becomes invalid and inoperative.
  • The certificate will be cancelled following a decree or decision of another competent court coping with the same deceased person's obligations and securities.

14.How can I change the details in the legal heir certificate online?

  • You can submit a correction petition in court under section 152 of the civil procedure code to make the necessary changes. 
  • You must submit an application to the Taluk office, where you acquired the legal heir certificate.
  • After that, you must provide a document to them demonstrating the changes made.
  • Provide your original legal heir certificate so that they can issue a new and accurate one.

15.What is the significant difference between the Heirship Certificate and Succession Certificate?

The succession certificate and the legal heir certificate are not the same things. While both the legal heirship certificate and the succession certificate are obtained to identify and authenticate the person's relationship as the legal heir of the deceased, the certifications are separate and serve different functions.

  • A legal heirship certificate aids in determining a person's identification as a legal heir of a deceased person. On the other hand, the succession certificate assists in certifying already established legal heirs to acquire the deceased's securities and other possessions by filing a petition. 
  • Legal Heirship Certificates and Death Certificates can be used in place of a Succession Certificate.
  • If the legal heirship certificate is rejected, the heirs must apply for a succession certificate.
  • A succession certificate is required when a person's identification as a legal heir needs to be verified.
  • This certificate can only be used to claim deceased employee benefits, insurance payments, property registration, and gratuity.
  • Legal Heir Certificates take 15-30 days to process, whereas Succession Certificates take 7-8 months.
  • A legal heir certificate can be obtained from the Tahsildar office, the Municipality office, the district civil court or the panchayat; however, a succession certificate is obtained from a civil court and High Court.

The primary purpose of the succession certificate is to authorise the heir to pay the deceased's obligations and securities. This assists the legal heir in gaining access to the deceased's securities, debts, and other assets. The certificate of succession is valid across India.

Read Also : What is Succession Certificate ?

FAQ

Is a married daughter a legal heir?

The Indian Succession Act was amended in 2005 to allow married daughters as legal heirs. Married daughters have the same rights to the family property as sons.

Who are legal heirs?

A legal heir is anyone, male or female, who is eligible to inherit a deceased person's property under the terms of a will or the rules of succession. When a death occurs without a Will, the applicable succession laws apply to the transfer of the individual's assets to the lawful heirs. The legal heir can be a deceased person's spouse, son, daughter (married, unmarried), Father, Mother, brother, sister.

Is the legal heir and family member certificate the same?

No, the legal heir certificate and family member certificate are not the same. After verification and an enquiry report, the Tehsildar issues a Lawful Heirship Certificate, which declares the list of all the legal heirs of the dead. On the other hand, a family member certificate is a document issued by a village officer that lists all of the deceased's relatives.

Who are the heirs of a deceased person?

A legal heir is anyone, male or female, who is eligible to inherit a deceased person's property under the terms of a will or the rules of succession. The legal heir can be a deceased person's spouse, son, daughter (married unmarried both), Father, Mother, brother, sister.

How do you pronounce legal heir?

 To be pronounced legal heir, one must apply for the legal heir certificate. We have outlined the complete protocol above in this article, and we request you to follow the same.