Overview
A legal heir certificate is a crucial document that establishes the relationship between the deceased and their legal heirs. Since life is unpredictable, a legal heir certificate becomes essential in the event of the unexpected death of a family head. It helps the legal heirs claim their rightful share of the deceased person’s properties and dues.
Why is a legal heir certificate important?
Upon the sudden death of the family head, the responsibility for family properties is passed on to the rightful successors, often to preserve family traditions. A legal heir certificate is essential for identifying the rightful heir. All eligible heirs must possess this certificate to claim their share of the deceased person’s property.
The legal heir certificate is needed for various purposes, such as:
- Transferring properties and assets of the deceased person to their heirs.
- Claiming insurance and bank balances.
- Processing family pension benefits of a deceased employee.
- Receiving dues like provident fund, gratuity, etc., from the government.
- Collecting salary arrears of a deceased government employee.
- Applying for compassionate appointments.
- Transferring utility connections like electricity.
When selling property, the buyer may request a legal heir certificate to confirm the legal ownership. In the case of ancestral property with multiple legal heirs, all heirs must approve and sign the sale deed, preventing any future disputes.
Eligible Heirs
Under Indian law, the following individuals are considered legal heirs and can claim a legal heir certificate:
- Spouse of the deceased.
- Children of the deceased (son/daughter).
- Parents of the deceased.
- Adopted children are also eligible heirs.
Documents required:
- Name and identity card of the deceased.
- Details of the family members.
- Residential address.
- Duly filled and signed application form.
- Death certificate of the deceased.
- Identity card and address proof of the applicant.
- Date of birth proof for all legal heirs.
- A self-undertaking affidavit.
- Address proof of the deceased.
Note:
- The identity proof of the applicant can be a government-issued identity card.
- Address proof of the legal heir can be any valid identity proof or a utility bill (such as telephone/mobile bill, gas bill) or a bank passbook containing the name and address of the legal heir.
- Class 1 HeirsUnder the Hindu Succession Act, the heirs of a male Hindu are divided into four categories, with the first preference given to the heirs specified in Class I. These include:
- Sons
- Daughters
- Widow
- Mother
- Son of a pre-deceased son
- Daughter of a pre-deceased son
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Daughter of a pre-deceased daughter of a pre-deceased son
- Son of a pre-deceased son of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- Son of a pre-deceased daughter of a pre-deceased daughter
- Daughter of a deceased daughter of a pre-deceased daughter
- Daughter of a pre-deceased son of a pre-deceased daughter
- Son of a pre-deceased daughter
Class 2 Heirs
If no heirs from Class 1 are available, the property devolves to the heirs listed in Class 2, which includes:
- Father
- Son’s daughter’s son
- Brother
- Sister
- Daughter’s son’s son
- Daughter’s son’s daughter
- Daughter’s daughter’s son
- Daughter’s daughter’s daughter
- Brother’s son
- Sister’s son
- Brother’s daughter
- Sister’s daughter
- Father’s father
- Father’s widow
- Brother’s widow
- Father’s brother
- Father’s sister
- Mother’s father
- Mother’s mother
- Mother’s sister
Agnates
In the absence of any heirs from Class 1 or Class 2, the property is distributed among agnates. Agnates are individuals related by blood or adoption solely through males. The relationship does not extend to marriage-related connections.
Cognates
If no heirs from Class 1, Class 2, or agnates exist, the property is passed to cognates. Cognates are individuals related by blood or adoption but not exclusively through males. For instance, the mother’s brother’s son and the brother’s daughter’s son are considered cognates eligible for heirship.
Fee Structure
The application for a legal heir certificate can be made without any government fee.
Procedure to Obtain a Legal Heir Certificate
This certificate can be applied for only by the legal heirs after obtaining the death certificate of the deceased family member. A legal heir certificate can be obtained by approaching the Sub-Divisional Magistrate Court, the Corporation/Municipality office of the respective area, or the District Civil Court. It is issued after a proper inquiry into the legal heirs and the deceased person. Below is the process for obtaining a legal heir certificate:
Step 1: Submit an Application
The legal heir of the deceased person must visit the Sub-Divisional Magistrate office, District Court, or MCD office in the respective area to request the legal heir certificate application.
Step 2: Receive the Application Form
The applicant must obtain the application form from the concerned officer.
Step 3: Enter the Details
The application requires details such as the names of all legal heirs, their relationship with the deceased, and the addresses of the family members.
Step 4: Attach the Documents
All necessary documents, including the death certificate of the deceased (obtained from the municipality/corporation office), must be attached to the application.
Step 5: Submit the Application
The completed application form must be submitted along with an affidavit on stamp paper or a self-declaration to the concerned officer.
Step 6: Verification Process
After submission, the local revenue officers and village administrative officials will verify the details provided in the application.
Step 7: Issuing the Certificate
After a successful inquiry, the authorized officer will issue the legal heir certificate. The process typically takes around 30 days.
Processing Time
It typically takes around 30 days to receive the certificate. To avoid unnecessary delays or any other issues, it is advisable to approach the Revenue Division Officer (RDO), Sub-Collector, or District Court.
How is the Legal Heir Certificate and Succession Certificate different ?
If the deceased person was a government servant, the legal heir certificate is issued for purposes such as approval for family pension or for obtaining appointments on compassionate grounds. It is also used to transfer movable and immovable property.
A succession certificate is required for the transfer of movable or immovable property under various property laws in the country. Most of these issues fall under the Hindu Succession Act, while others may come under community-specific acts or the Indian Succession Act.
The Tahsildar and related authorities issue legal heir certificates after verifying the deceased person’s identity and the living heirs, while the court issues succession certificates to the legal heirs.
A fee of 3% of the total value of the property will be charged for the issuance of a succession certificate. For a legal heir certificate, Rs. 2 for the stamp and Rs. 20 for the stamp paper (for the affidavit) are required.
Legal heir certificates and succession certificates are different. When the head of a family passes away, the direct legal heirs—such as the spouse, son, daughter, mother, or grandchildren—can apply for a succession certificate. This certificate can be used for transferring utility connections, property tax, bank accounts, filing income tax returns, and more.
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