What is a Legal Heir Certificate?
If there is a sudden demise of a family member, it becomes necessary for legal heirs to obtain a legal heir certificate to get the assets of the deceased.
Why is this so important?
It is a very important document because it helps in establishing a relationship between the deceased and the legal heirs.
Download the Legal Heir Certificate from HERE
Once the death certificate is obtained from the municipality/municipal corporation, one should promptly apply for the certificate; to claim their right over the deceased person’s property.
Usually, a lawyer could help in drafting and registering a legal heir certificate.
How to obtain a Legal Heir Certificate?
Approach the nearest office
The applicant has to approach the nearest Taluk or the Tahasildar office. An alternate way to apply for the certificate is by contacting a District Civil Court in the area.
Get the application form
The applicant has to obtain the application form from the concerned officer.
Fill the application form
The applicant then has to enter the details in the application form.
Attach relevant documents
The applicant has to attach all the required documents to the application form. [relevant documents mentioned below]
Submit the application
The applicant has to submit the application form to the concerned officer.
Verification Process
Once the application is submitted, verification will be done by the local revenue officers and by the village administrative officials.
Issuing the certificate
Once all the procedures are completed, the certificate is issued to the applicant.
Generally, it takes 30 days to obtain the Certificate. In case there is an unusual delay, you can approach the Revenue Division Officer or a Sub-Collector.
What are the required documents to obtain the Certificate?
Documents required
- A Signed application form;
- Identity/Address proof of the applicant;
- Death certificate of the deceased;
- A Proof of Date of Birth of all legal heirs;
- A self-undertaking affidavit;
- Address proof of the deceased;
- An affidavit on stamp paper has to be submitted.
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.
Why should you obtain a Legal Heir Certificate?
As has been stated, It helps to identify the successor; who will be claiming the deceased’s property.
Purpose
Following are the purpose of obtaining a the Certificate:
- Transfer the deceased’s property to the rightful successor.
- Helps in claiming any insurance.
- To receive any dues as a gratuity, provident fund, etc from the Government.
- Helps to get the benefit of the family pension.
- To receive the salary arrears.
- For possible compassionate appointment opportunity.
Avoiding possible implications
Sometimes there are several heirs for the property in issue; in such cases, it is advisable to get a deed signed by all for approval; for possible litigation issues in future.
Is it compulsory to submit Succession Certificate for claiming PF of my dad if no nominee is mentioned even if my mother claims it. Can my mother claim for it using the Legal Heirship Certificate?
Eagerly waiting for your reply. Please.