Introduction
A Legal Heir Certificate is crucial because it legally establishes the relationship between the deceased and their heirs. This certificate is essential for transferring the deceased’s assets, including property, bank deposits, and other financial assets, to their heirs.
When the legal head of a family passes away, their legal heirs must report this event to the relevant authorities and obtain a death certificate immediately. Since all the rights and liabilities of the deceased will now be transferred and distributed among the legal heirs, they must apply for a legal heir certificate, also known as a ‘survivor certificate’, to initiate the inheritance proceedings.
Legal Heir Certificate Use
The legal heir of the deceased person must provide a legal heir certificate for the following purpose:
- To claim benefits of insurance policies of the deceased.
- To transfer utilities in the name of the survivors.
- To claim employment as the deceased’s successor.
- To receive salary arrears of the deceased.
- To claim employment benefits if the deceased was still employed.
- To claim the deceased’s provident fund and gratuity.
- For the transfer of deposits, balances, investments, shares, etc., of the deceased.
- To file tax returns on behalf of the deceased.
Who Can Apply for a Legal Heir Certificate?
Applicants for a legal heir certificate are eligible to be recognized as the deceased’s legal heirs:
- The spouse of the deceased.
- The children of the deceased (son and daughter).
- The siblings of the deceased (brothers and sisters).
- The parents of the deceased.
Documents Needed for a Legal Heir Certificate
While any one legal heir can apply for the legal heir certificate or survivor certificate, they must include the names of all the surviving members or legal heirs in the application. The applicant will have to submit the following documents to the relevant authority to get a legal heir certificate:
- Duly filled and signed application form.
- Copies of identity and address proof of the applicant/s.
- Proof of date of birth of all legal heirs.
- List of surviving members if they are more than four in number.
- Photographs of all applicants.
- Self-undertaking affidavit/self-declaration form.
- Death certificate of the deceased.
- Address proof of the deceased.
What Documents Can Be Submitted as ID Proof?
Aadhaar card, PAN card, passport, voter ID card, ration card with photo and driving license can be submitted as ID proof.
What Documents Can Be Submitted as Address Proof?
Passport, bank passbook, telephone bill (landline or postpaid), ration card, electricity bill, gas bill, driving license, voter ID card, registered rent agreement, Aadhaar card and water bill can be submitted as address proof.
How to Get a Legal Heir Certificate?
Step 1: Approach the Municipal/Taluk/Tehsil Office
On behalf of all the living family members, one survivor may initiate the process to get the legal heir certificate. The legal heir must go to the municipal corporation office or tehsil to obtain the legal heir certificate because, in the majority of states this process must be completed in person.
Step 2: Ensure All Documents Are in Place and the Application is Carefully Filled Out
Before approaching the authorities, you have to make an application in a standard format and fill in all the details carefully. Information required in the legal heir certificate application includes the names of all the legal heirs, their address, and their respective relationship with the deceased.
Step 3: Submit the Legal Heir Certificate Application
As mentioned earlier, you must submit an affidavit or self-declaration along with the application. Additionally, keep all original documents close at hand.
Step 4: Document Verification
Once you submit your application and the officials – revenue inspector/administrative officer – have completed the ground-level verification and scrutiny of the documents, you will be issued a legal heir certificate, which you must collect from the office.
Legal Heir Certificate Online
In some states, you can also get the legal heir certificate online. In Tamil Nadu, for example, you can get a legal heir certificate online by following the process below:
- Go to the official portal, to apply for a legal heir certificate online in Tamil Nadu.
- New users must register themselves. Once that is done, log in using your credentials.
- Enter the details as asked and click on ‘submit’ to proceed to apply for a legal heir certificate online.
- Your application for a legal heir certificate online will now be verified. Once this process is done, you must collect the legal heir certificate in person.
Difference Between Succession Certificate and Legal Heir Certificate
While there are a multitude of tasks you can complete using the legal heir certificate, this document does not act as legal proof.
A legal heir certificate identifies the relationship of the deceased with their surviving legal heirs. In contrast, a succession certificate further authenticates the findings of a legal heir certificate, providing the heirs with the authority to inherit the assets and debts of the deceased. A succession certificate is a legally binding document issued by civil courts. The legal authority of a legal heir certificate is limited to the specific purposes mentioned earlier and does not act as legal proof under the provisions of succession law. Only a succession certificate is admissible as legal proof in case of any dispute or litigation pertaining to the deceased’s property.
Legal Heir Certificate Contents
The legal heir certificate contains the following information:
- Name and address of the deceased person.
- Date of the death of the deceased person.
- Legal heir details of the deceased person, such as name, address, and relationship with the deceased person.
- Issuing authority details and signature.
- Date of the certificate.
Uses of a Legal Heir Certificate
A legal heir certificate identifies the rightful successor of a deceased person’s property in the absence of a will. The legal heirs identified in the certificate can claim the assets/properties of the deceased person. All eligible successors must possess this certificate to lay a claim over the deceased person’s property.
A legal heir certificate is required for the following purposes:
- For transferring properties and assets of the demised person to their successors.
- For claiming insurance.
- For sanctioning and processing the family pension of the deceased employee.
- To receive dues such as provident fund, gratuity, etc., from the government.
- To receive salary arrears of the deceased, state, or Central government employee.
- To gain employment based on compassionate appointments.
Certainly! Here’s additional information and more details related to Legal Heir Certificates:
Procedure for Obtaining a Legal Heir Certificate
Step 1: Obtain the Death Certificate
Before you can apply for a legal heir certificate, you must obtain the death certificate of the deceased from the municipal corporation or panchayat. This document officially records the death and is necessary for all subsequent legal processes.
Step 2: Gather Required Documents
Ensure that you have all the necessary documents, including identity and address proof of the applicant and the deceased, the death certificate, birth certificates of the legal heirs, and other supporting documents.
Step 3: Fill the Application Form
Fill out the application form for the legal heir certificate accurately. This form can be obtained from the local tehsil office or downloaded from the respective state government’s official website.
Step 4: Submit the Application
Submit the completed application form along with the required documents to the local tehsil or taluk office, or the municipal corporation office. In some states, this can also be done online.
Step 5: Verification Process
The authorities will verify the submitted documents and may conduct a ground-level verification. This involves a revenue inspector or an administrative officer visiting the residence of the deceased to confirm the details.
Step 6: Issuance of Certificate
After verification, the legal heir certificate will be issued. The process can take anywhere from a few days to a few weeks, depending on the state and the thoroughness of the verification process.
Legal Heir Certificate vs. Succession Certificate
Legal Heir Certificate
- Purpose: Primarily used to identify the rightful heirs and for simpler administrative purposes such as transferring utility connections, bank accounts, and pension benefits.
- Issuing Authority: Generally issued by the local municipal authority or tehsildar.
- Legal Standing: It helps in various administrative processes but does not have the same legal standing as a succession certificate in courts.
Succession Certificate
- Purpose: Used for more substantial legal purposes such as the transfer of securities, debts, and claiming of movable assets.
- Issuing Authority: Issued by the civil court after a thorough legal process.
- Legal Standing: It is a legally binding document that can be used in court to establish the rightful claim over the deceased’s assets and liabilities.
Legal Procedures Involving Legal Heir Certificates
Transfer of Property
Legal heirs can use the legal heir certificate to transfer ownership of immovable properties such as land or buildings. This certificate must be presented to the local land registry office along with the deceased’s title deeds and other relevant documents.
Claiming Insurance and Financial Assets
Insurance companies and banks require the legal heir certificate to release funds and benefits to the rightful heirs. This includes life insurance policies, bank balances, and fixed deposits.
Utility Transfers
The certificate is required to transfer utility connections such as electricity, water, and gas to the name of the legal heir.
Pension and Employment Benefits
For claiming the pension and employment benefits of the deceased, the legal heir certificate is a crucial document. Government offices and private employers require it to process the claims.
Importance of Legal Heir Certificates in Dispute Resolution
Legal heir certificates play a significant role in dispute resolution among family members regarding the inheritance of assets. It provides a clear, official recognition of the rightful heirs, reducing the scope for disputes and misunderstandings.
Legal Challenges and Remedies
If there are disputes or objections regarding the issuance of the legal heir certificate, the aggrieved party can approach the court for redressal. The court can then examine the claims and make a determination based on evidence.
Revocation and Corrections
If a legal heir certificate is found to be issued based on false information or if there are errors, it can be revoked or corrected by the issuing authority upon receiving valid reasons and supporting documents.
Benefits of Online Application
- Convenience: Apply from the comfort of your home.
- Transparency: Track the status of your application online.
- Efficiency: Reduces the time required for processing and issuance.
Conclusion
A Legal Heir Certificate is a vital document that legally establishes the relationship between the deceased and their heirs, facilitating the smooth transfer of the deceased’s assets and liabilities. Whether it is for transferring property, claiming insurance benefits, or accessing bank deposits, this certificate plays a crucial role in ensuring that the rightful heirs receive their due. The process of obtaining a legal heir certificate involves careful preparation, submission of necessary documents, and undergoing a verification process, which can now be done online in some states for added convenience.
