How To Obtain a Legal Heir Certificate in 6 Steps
Legal Heir Certificate: An essential document for inheritance, this certificate confirms the relationship between the deceased and their legal heirs, enabling the transfer of assets. To obtain it, one must first secure a death certificate from local authorities. Vital for claiming properties and dues, its importance spans several areas:
- Property Transfer: Facilitates the transfer of assets to heirs.
- Insurance Claims: Necessary for processing insurance.
- Family Pension: Aids in processing pension dues.
- Government Dues: Assists in claiming funds like provident fund and gratuity.
- Salary Arrears: Heirs can claim any due salaries.
- Employment Opportunities: May be needed for compassionate job offers.
A legal heir certificate is also crucial in property transactions where multiple heirs are involved. It prevents litigation by securing heir approval.
Eligibility and Procedure:
Eligible applicants include the spouse, children, and parents of the deceased. Applications can be made through the district court, taluk Thasildhar, or corporation office, following these steps:
- Visit the district court and get the application form.
- Complete the form with names and details of heirs.
- Attach necessary documents such as the death certificate.
- Submit an affidavit along with the application.
- Inspection by revenue officers ensues.
- Upon approval, the certificate is issued.
This process usually takes about 30 days. In case of delays, individuals can seek help from the Revenue Division Officer (RDO).
Documents Required:
These include a signed application, identity/address proof, the deceased's death certificate, date of birth proof for heirs, a self-undertaking affidavit, and the deceased's address proof.
Legal Heir vs. Succession Certificate:
While a legal heir certificate facilitates pension approval and asset transfer, a succession certificate is vital for claiming immovable and movable property as per Property Laws.
Income Tax Relevance:
Legal heirs must file tax returns for the deceased. Steps include e-filing site registration, document uploads, and submission to the e-Filing Administrator.
FAQs:
Online Application: Yes, via district e-portals.
Processing Time: Typically 15-30 days.
Married Daughter: Considered a legal heir.
Death Certificate Application: Various incumbents can apply.
Lost Certificate: Reissuance is possible through the issuing authority.
Second Wife and Illegitimate Children: Recognized as legal heirs under specific laws.