Legal Heir Certificate
During the last one and half years, the whole world has gone through tough times and also has heard the term legal heir certificate numerous times. Here in this article, we will go through in and out of legal heir certificates.
What is a legal heir certificate?
Whenever the sudden demise of any family member happens, a legal heir certificate is needed to be made. Legal Heir Certificate is which shows the relationship of successors with the person whose demise has happened. Once the death certificate is obtained, which is after 21 days of a death, his/her successors can apply for a legal heir certificate to claim right over the assets of the deceased family member. Lawyers help them to apply for a legal heir certificate. A legal Heir certificate is needed if the will is not created by the deceased family member.
Sample Format of Legal Heir Certificate
Here is the legal heir certificate sample format
Use of Legal Heir Certificate
Legal Heir Certificate is a must to obtain the below-listed things. We will go through the uses of the Legal Heir Certificate.
- To Claim Term or Life Insurance of Deceased person
- For transferring the properties to his/her legal heirs
- To receive a pension for the family of the deceased employee.
- To receive provident funds collected over the years of job, gratuity, etc. from the government.
- To receive the past salary dues, from the state or central government.
- To receive employment from the government employer to the dependent member of the deceased family member, due to the dying in harness or the one who is retired on the medical grounds.
Even if you are buying any property one should check the legal heirs of the property, because it is a must to have a signature of each legal heir to sell that property. If one of the heirs refuses to sign, the deal can’t be executed.
Who can apply for a Legal Heir Certificate?
List of people who can claim as a legal heir of the deceased person according to the law. These are the class 1 heirs. If they are not alive then class 2 heirs are considered.
- Spouse of Deceased Person
- Son of the Deceased
- Daughter of the deceased.
- Father of Deceased
- Mother of Deceased
How to apply for a Legal Heir Certificate?
One has to go to taluka tahsildar or the municipality office of the respective areas. Legal Heir Certificate is formed after a proper inquiry from the government officials.
- The Heir has to go to the nearest authority and have to submit an application form. The application form includes details of all the successors of the deceased person and his/her relationship with him/her. This application should be signed and submitted to the appropriate authority.
- Along with the application, many supporting documents are required as proof that the Legal Heirs which are mentioned are appropriate. Check the below list of documents.
- Administrative officers or Revenue officers go through an inspection, whether the heirs mentioned are appropriate or not.
- Once this above process is done successfully, the officer issues a Legal Heir Certificate.
This whole process takes nearly 30 days. One should wait for nearly 60 days even if there is any delay due to current conditions. The period to get the certificates varies from state to state. In Gujarat, it is 60 days. In some states, it is obtained in 15-30 days.
List of Documents required for Legal Heir Certificate
Same documents are required to be uploaded for a legal heir certificate online procedure.
- Application form
- Proof of residence of the applicant
- Proof of Identity of applicant
- Date of Birth Proofs of all legal heirs
- Proof of residence of deceased
- Death certificate of deceased
Here is the list of documents that can be submitted as proof. One has to submit one document per category.
Proof of residence of legal heir can include Rental Agreement, voter ID, ration card, passport, etc.
Proof of Identity includes Aadhar card, passport, Election card, etc.
Date of Birth Proof includes Leaving Certificate, PAN Card, Aadhar Card, Passport, etc.
One has to pay Rs. 2 as stamp fees while Rs. 20 is to be paid as stamp paper for an affidavit. If you refer to a lawyer. Then his/her fees may vary.
Hope this article will be helpful to you during tough times.