Legal Heir Certificate: A Crucial Document for Inheritance Matters

Legal Heir Certificate: A Crucial Document for Inheritance Matters

Legal Heir Certificate: A Crucial Document for Inheritance Matters

As of May 5th, 2023, a legal heir certificate is an essential document that comes into play upon the demise of a family member. This certificate serves the purpose of establishing the relationship between the deceased person and their legal heirs, who include the spouse, children, and parents. It is mandatory for legal heirs to acquire this certificate in order to transfer the ownership of the deceased person's assets to themselves. However, obtaining a legal heir certificate is only possible after obtaining the death certificate from the municipality or corporation. This certificate allows the legal heirs to rightfully claim the properties and dues of the deceased.

The Importance of a Legal Heir Certificate

A legal heir certificate holds significant importance as it confirms the rightful successor who is then eligible to lay a claim on the assets and properties of the deceased individual. This certificate serves various purposes, including:

1. Property Transfer: It allows for the smooth transfer of properties and assets to the successors.

2. Insurance Claims: It acts as essential documentation for claiming insurance.

3. Family Pension: It facilitates the sanctioning and processing of the family pension for the deceased employee.

4. Government Dues: It enables the legal heirs to receive dues such as provident fund, gratuity, etc. from the government.

5. Salary Arrears: Legal heirs can obtain salary arrears owed to the deceased if they were a state or central government employee.

6. Employment Opportunities: It may also be required for compassionate appointments based on employment opportunities.

Additionally, when it comes to property purchases or registrations, acquiring a legal heir certificate becomes necessary. This certificate is especially crucial in cases where multiple legal heirs are involved in claiming an ancestral property. By signing the deed of conveyance, the legal heirs provide their approval to avoid any potential litigation issues.

Eligibility and Procedure for Obtaining a Legal Heir Certificate

According to Indian law, the following individuals are considered legal heirs and are eligible to apply for a legal heir certificate:

1. Spouse of the deceased.

2. Children of the deceased (sons/daughters).

3. Parents of the deceased.

To obtain a legal heir certificate, individuals can approach the area or taluk Thasildhar, the corporation or municipality office, or the district civil court. The process for obtaining this certificate is as follows:

1. The legitimate heir should approach the district court in their respective area and request a legal heir certificate application form.

2. Fill out the application form with the names of all legal heirs, their relationship with the deceased, and their addresses.

3. Attach all the necessary documents, including the deceased person's death certificate obtained from the municipality or corporation office.

4. Submit an affidavit on stamp paper or a self-declaration along with the application.

5. The revenue inspector or administrative officer will conduct an inspection and complete the required inquiry.

6. Upon successful completion of the inquiry, the authorized officer will issue the legal heir certificate.

Typically, the process of obtaining a legal heir certificate takes around 30 days. However, in case of any unnecessary delay or lack of response from the concerned authorities, individuals can approach the Revenue Division Officer (RDO) or sub-collector for assistance.

Documents Required for Obtaining a Legal Heir Certificate

In order to obtain a legal heir certificate, the following documents are required:

1. Signed application form.

2. Identity and address proof of the applicant.

3. Death certificate of the deceased.

4. Date of birth proof for all legal heirs.

5. Self-undertaking affidavit.

6. Address proof of the deceased.

It is important to note that the applicant's identity proof can be a voter's ID, Aadhaar Card, driving license, passport, or any other government-issued identity card. Similarly, the legal heir's address proof can be any valid identity proof or documents such as telephone or mobile bills, gas bills, or bank passbooks with the name and address of the legal heir. Date of birth proof for legal heirs can include a birth certificate, school transfer or leaving certificates, PAN card, or passport, among others.

Difference Between a Legal Heir Certificate and Succession Certificate

It is crucial to differentiate between a legal heir certificate and a succession certificate. While a legal heir certificate is issued to approve family pension or transfer property assets, a succession certificate is necessary when someone inherits immovable or movable property under the various Property Laws. These issues often fall under the Hindu Succession Act, community acts, or the Indian Succession Act.

Legal heir certificates are issued by the tahsildar of the district to identify the living heirs of a deceased person, while succession certificates are issued by the court. In the case of obtaining a succession certificate, a fee of 3% of the total value of the property is charged. On the other hand, acquiring a legal heir certificate requires a stamp fee of Rs. 2 and a stamp paper fee of Rs. 20 for the affidavit.

Relevance of Legal Heir Certificate in Income Tax Filing

When it comes to filing income tax returns on behalf of a deceased person, their legal heirs must step forward and fulfill the necessary obligations. The process to add a legal heir in filing the Income Tax Return (ITR) involves the following steps:

1. Visit the income tax e-filing website.

2. Log in if you already have an account or register yourself if you are a new user.

3. Access 'My Account' after successful login or registration.

4. Select 'New Request' from the request type drop-down box.

5. Choose 'Register Yourself' from the add/register as a representative section on behalf of another individual.

6. Select the deceased person's estate from the category to register drop-down box.

7. You will then be redirected to an external page to provide details such as the deceased person's PAN, estate name, and date of incorporation.

8. Prepare a zip file containing necessary documents, including a self-attested copy of the legal heir's PAN card, the deceased person's PAN card, a copy of the death certificate, the legal heir certificate or an affidavit in the presence of a Notary Public.

9. After uploading the documents, submit your request to the e-Filing Administrator.

Frequently Asked Questions

1. Can I apply for a legal heir certificate online?

Yes, it is possible to apply for a legal heir certificate online. Simply fill out the application form on your respective district's e-portal, attach the required documents, and pay the fees online. Once the certificate is ready, you can download it from the e-portal.

2. How long does it take to obtain a legal heir certificate?

Typically, it takes anywhere between 15 to 30 days to obtain a legal heir certificate.

3. Is a married daughter considered a legal heir?

Yes, since the amendment of the Hindu Succession Act in 2005, both married and unmarried daughters have the same rights as sons and are considered legal heirs.

4. Who can apply for a death certificate?

Different individuals can apply for a death certificate depending on the circumstances. The head of the household, medical in-charge of a hospital, jail in-charge, or village headman/in-charge of the local police station can disclose and record a death based on the location and situation.

5. I lost my legal heir certificate. How can I get a copy?

To obtain a duplicate legal heir certificate, make sure to have the death certificate handy. Approach the authority that issued the original certificate and provide them with the necessary details of the deceased and the date of issuance. They will then provide you with a duplicate certificate, with a minimum fee applicable.

6. Is a second wife considered a legal heir?

Yes, if the second marriage is legally recognized under the Hindu Marriage Act, 1955, the second wife is considered the legally wedded wife and a legal heir. However, children from the first wife will also be considered legal heirs along with the children from the second wife.

7. Are illegitimate children considered legal heirs?

Yes, even illegitimate children are entitled to all the property rights of their deceased parent. Therefore, they are considered legal heirs.

Legal Heir Certificate: A Crucial Document for Inheritance Matters

As of May 5th, 2023, a legal heir certificate is an essential document that comes into play upon the demise of a family member. This certificate serves the purpose of establishing the relationship between the deceased person and their legal heirs, who include the spouse, children, and parents. It is mandatory for legal heirs to acquire this certificate in order to transfer the ownership of the deceased person's assets to themselves. However, obtaining a legal heir certificate is only possible after obtaining the death certificate from the municipality or corporation. This certificate allows the legal heirs to rightfully claim the properties and dues of the deceased.

The Importance of a Legal Heir Certificate

A legal heir certificate holds significant importance as it confirms the rightful successor who is then eligible to lay a claim on the assets and properties of the deceased individual. This certificate serves various purposes, including:

1. Property Transfer: It allows for the smooth transfer of properties and assets to the successors.

2. Insurance Claims: It acts as essential documentation for claiming insurance.

3. Family Pension: It facilitates the sanctioning and processing of the family pension for the deceased employee.

4. Government Dues: It enables the legal heirs to receive dues such as provident fund, gratuity, etc. from the government.

5. Salary Arrears: Legal heirs can obtain salary arrears owed to the deceased if they were a state or central government employee.

6. Employment Opportunities: It may also be required for compassionate appointments based on employment opportunities.

Additionally, when it comes to property purchases or registrations, acquiring a legal heir certificate becomes necessary. This certificate is especially crucial in cases where multiple legal heirs are involved in claiming an ancestral property. By signing the deed of conveyance, the legal heirs provide their approval to avoid any potential litigation issues.

Eligibility and Procedure for Obtaining a Legal Heir Certificate

According to Indian law, the following individuals are considered legal heirs and are eligible to apply for a legal heir certificate:

1. Spouse of the deceased.

2. Children of the deceased (sons/daughters).

3. Parents of the deceased.

To obtain a legal heir certificate, individuals can approach the area or taluk Thasildhar, the corporation or municipality office, or the district civil court. The process for obtaining this certificate is as follows:

1. The legitimate heir should approach the district court in their respective area and request a legal heir certificate application form.

2. Fill out the application form with the names of all legal heirs, their relationship with the deceased, and their addresses.

3. Attach all the necessary documents, including the deceased person's death certificate obtained from the municipality or corporation office.

4. Submit an affidavit on stamp paper or a self-declaration along with the application.

5. The revenue inspector or administrative officer will conduct an inspection and complete the required inquiry.

6. Upon successful completion of the inquiry, the authorized officer will issue the legal heir certificate.

Typically, the process of obtaining a legal heir certificate takes around 30 days. However, in case of any unnecessary delay or lack of response from the concerned authorities, individuals can approach the Revenue Division Officer (RDO) or sub-collector for assistance.

Documents Required for Obtaining a Legal Heir Certificate

In order to obtain a legal heir certificate, the following documents are required:

1. Signed application form.

2. Identity and address proof of the applicant.

3. Death certificate of the deceased.

4. Date of birth proof for all legal heirs.

5. Self-undertaking affidavit.

6. Address proof of the deceased.

It is important to note that the applicant's identity proof can be a voter's ID, Aadhaar Card, driving license, passport, or any other government-issued identity card. Similarly, the legal heir's address proof can be any valid identity proof or documents such as telephone or mobile bills, gas bills, or bank passbooks with the name and address of the legal heir. Date of birth proof for legal heirs can include a birth certificate, school transfer or leaving certificates, PAN card, or passport, among others.

Difference Between a Legal Heir Certificate and Succession Certificate

It is crucial to differentiate between a legal heir certificate and a succession certificate. While a legal heir certificate is issued to approve family pension or transfer property assets, a succession certificate is necessary when someone inherits immovable or movable property under the various Property Laws. These issues often fall under the Hindu Succession Act, community acts, or the Indian Succession Act.

Legal heir certificates are issued by the tahsildar of the district to identify the living heirs of a deceased person, while succession certificates are issued by the court. In the case of obtaining a succession certificate, a fee of 3% of the total value of the property is charged. On the other hand, acquiring a legal heir certificate requires a stamp fee of Rs. 2 and a stamp paper fee of Rs. 20 for the affidavit.

Relevance of Legal Heir Certificate in Income Tax Filing

When it comes to filing income tax returns on behalf of a deceased person, their legal heirs must step forward and fulfill the necessary obligations. The process to add a legal heir in filing the Income Tax Return (ITR) involves the following steps:

1. Visit the income tax e-filing website.

2. Log in if you already have an account or register yourself if you are a new user.

3. Access 'My Account' after successful login or registration.

4. Select 'New Request' from the request type drop-down box.

5. Choose 'Register Yourself' from the add/register as a representative section on behalf of another individual.

6. Select the deceased person's estate from the category to register drop-down box.

7. You will then be redirected to an external page to provide details such as the deceased person's PAN, estate name, and date of incorporation.

8. Prepare a zip file containing necessary documents, including a self-attested copy of the legal heir's PAN card, the deceased person's PAN card, a copy of the death certificate, the legal heir certificate or an affidavit in the presence of a Notary Public.

9. After uploading the documents, submit your request to the e-Filing Administrator.

Frequently Asked Questions

1. Can I apply for a legal heir certificate online?

Yes, it is possible to apply for a legal heir certificate online. Simply fill out the application form on your respective district's e-portal, attach the required documents, and pay the fees online. Once the certificate is ready, you can download it from the e-portal.

2. How long does it take to obtain a legal heir certificate?

Typically, it takes anywhere between 15 to 30 days to obtain a legal heir certificate.

3. Is a married daughter considered a legal heir?

Yes, since the amendment of the Hindu Succession Act in 2005, both married and unmarried daughters have the same rights as sons and are considered legal heirs.

4. Who can apply for a death certificate?

Different individuals can apply for a death certificate depending on the circumstances. The head of the household, medical in-charge of a hospital, jail in-charge, or village headman/in-charge of the local police station can disclose and record a death based on the location and situation.

5. I lost my legal heir certificate. How can I get a copy?

To obtain a duplicate legal heir certificate, make sure to have the death certificate handy. Approach the authority that issued the original certificate and provide them with the necessary details of the deceased and the date of issuance. They will then provide you with a duplicate certificate, with a minimum fee applicable.

6. Is a second wife considered a legal heir?

Yes, if the second marriage is legally recognized under the Hindu Marriage Act, 1955, the second wife is considered the legally wedded wife and a legal heir. However, children from the first wife will also be considered legal heirs along with the children from the second wife.

7. Are illegitimate children considered legal heirs?

Yes, even illegitimate children are entitled to all the property rights of their deceased parent. Therefore, they are considered legal heirs.

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