Legal Heir Certificate| legal heir certificate in India

By | July 13, 2020

 Legal Heir Certificate succession certificate

Legal Heir Certificate,What is the succession certificate, what is the way to make it and when is it made, if your father or your grandfather has passed away and they have no will, then you may not have easy ownership of their property. In such a situation, the succession certificate office succession certificate is necessary for you to get the rights on the property, because this certificate proves that you are the legal heir and after the father’s death, you have acquired the ownership of the property. What rights can an heir have? The heir can actually claim ownership over the property of a deceased person according to the law. The deceased person who is in it is deposited in his bank account Fixed Deposit Share Mutual Fund

 Legal Heir Certificate succession certificate

 Legal Heir Certificate succession certificate

Gets your ownership over all other types of investments that are involved. Let you talk. In the area where the property of the deceased person of the application form is present, a recording of the application was submitted in the civil court with a format. Goes in which the heir has to mention all the property on which he is supposed to own, in this application, he should have the liver of all the heirs, after this, the date and place of the death of the deceased person, in full, is also detailed. Along with this, a copy of the death certificate is also put, after that, after submitting an application, the court issues an advertisement to this effect according to the public notice in the newspaper, along with the notice is sent to all the parties. Whether or not objections are invoked in the court means that if someone has objections, then they can raise their objections in the court

Can tell that within 45 days after the issue of this notice, if no one has any objection, if they do not submit their objection in the court or if someone is objecting, then they should also submit a document in support of it. It happens that after 45 days of the issue of the notice, the court issues the certificate to the person applying, if any objections have been made or if the petition has been challenged, then the process may be delayed in issuing the certificate. Court fees are also required to be paid, which is according to the property of a deceased person. The person applying for the certificate has to pay this amount in the form of Judicial stamp paper. The succession certificate is a mandatory document. But it is not enough just to get the property of a dead person, apart from the need of other things, it has a death certificate i.e.

There is also a need for a certificate. If the application to get the ticket is not challenged, then the court usually issues the certification certificate in five 7 months, then again a small video has come on the above certificate that now you have understood that What is the succession certificate

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The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

  • Spouse of the deceased
  • Children of the deceased (Son/ Daughter)
  • Parents of the deceased
  • Sibling of the deceased

How Uses of Legal Heir Certificate ?

The Use Of Legal Heir certificate -As stated above, a legal heir certificate identifies the rightful successor who then, 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.

Legal heir certificate is required  purpose:

  1. For transferring properties and assets of the demised person to his successors.
  2. For claiming insurance.
  3. For sanctioning and processing family pension of the deceased employee.
  4. To receive dues such as provident fund, gratuity etc from the Government
  5. To receive salary arrears of the deceased, state or central Government employee.
  6. To gain employment based on compassionate appointments.

Generally, for any property purchase or registration, the buyer should request for a legal heir certificate to ascertain the ownership of the property. There can be instances, where there are several legal heirs for an ancestral property and in such cases, it is required that all legal heirs sign on the deed of conveyance giving their approval to avoid any litigations.

Procedure to Obtain Legal Heir Certificate

Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area, and from the district civil court. This certificate names all legal heirs’ of the deceased person and is issued only after a proper enquiry. Listed below are the steps involved in the process of obtaining a legal heir certificate:

  1. The legitimate heir of the deceased person must approach the appropriate authority in the respective area
  2. with a signed application. This application should contain the names of all the legal heirs, their relationship with the deceased and addresses of the family members. The death certificate of the departed person should also be attached. (Death certificate must be obtained from the municipality/corporation office)
  3. An affidavit on stamp paper has to be submitted.
  4. Revenue Inspector/administrative officer conducts an inspection and completes the enquiry.
  5. Once the enquiry is completed successfully, the authorized officer issues the Legal heir certificate

The process of obtaining a legal heir certificate generally takes 30 days. If there is an unnecessary delay in receiving this certificate or the concerned authorities fail to respond, you should then approach the Revenue Division Officer(RDO)/sub-collector.

Documents Required

In order to obtain a legal heir certificate, following is the list of documents required:

  1. Signed application form
  2. Identity/Address proof of the applicant
  3. Death certificate of the deceased
  4. Date of Birth proof of all legal heirs
  5. A self-undertaking affidavit
  6. Address proof of the deceased

Note:

  • Identity Proof of Applicant can be voter’s ID, Aadhaar Card Driving License, Passport or any other government-issued identity card.
  • Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the legal heir
  • Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, PAN card, passport etc.