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What is a Legal Heir Certificate In India?


Introduction: Legal Heir Certificate

If a family member or close relative dies intestate, his or her legal heirs should get a legal heir certificate, waris certificate, or various certificates to make the process of transferring the deceased's assets easier. This certificate is crucial in establishing a connection between the deceased and his or her rightful heirs. Before applying for an equivalent, obtain a copy of the deceased's death certificate from the municipal corporation. A legal heir certificate must be obtained in the event of a family member's untimely death in order to transfer the deceased's assets to their lawful heirs.

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A legal heir certificate establishes the relationship between the deceased and their legal heirs. After obtaining a death certificate from the municipality/corporation, the heirs can apply for this legal heir certificate to assert their claim to the deceased person's property and debts. Typically, lawyers assist in the drafting and registration of a legal heir certificate.

Uses of a Legal Heir Certificate

A legal heirship certificate establishes the validity of the heirs and aids in the identification of the rightful successors, who can then claim the deceased person's assets and property. This certificate is required for all eligible successors to make a claim on the deceased person's assets.

  • To transmit the decedent's property and assets to his legal heirs and successors.
  • To file an insurance claim.
  • To complete the process of the deceased worker's pension.
  • To receive government remuneration, such as a gratuity
  • To receive the deceased's unpaid wages.
  • If you want to acquire a job, go to sympathetic appointments.

In general, when purchasing or registering property, the buyer should request a legal heir certificate to verify ownership. There may be multiple legal heirs to ancestral property in some cases. In such circumstances, all legitimate heirs must sign the deed of conveyance, indicating their approval in order to avoid any litigation.

Procedure to Obtain a Legal Heir Certificate

The objective of a legal heir certificate is to prove who the legal heir is. It is not considered sufficient proof for determining a deceased person's lawful class of heirs under the laws of succession to any disputed property owned by the deceased, in which case a succession certificate is necessary. A Legal Heir Certificate is also not valid for bank and financial institution transactions, court litigation, and other situations where a person dies without a legal will. On application, a civil court will issue a Succession Certificate in these cases.

To authenticate the deceased's relationship with the person identified as his legal heir, a legal heirship certificate is requested as soon as the death certificate is obtained. It basically facilitates the identification of a person as the lawful successor of a deceased person.

  • Approach the Taluka office

The applicant must go to the Taluk or Tahasildar office closest to them. The applicant can also apply for the certificate at a District Civil Court in the area.

  • Application form

The person applying for the certificate must obtain the form from the office's authorized personnel. For your convenience, a sample form is included. The person must include all personal information, such as his address, phone number, and identification, as well as information about the deceased person, such as his address, phone number, and relationship, and an undertaking must be added to the application.

  • Documents

After filling out the form's main points, the person should attach documents to it, such as the Court fee, undertaking, letter from government authorities requesting a legal heir certificate, I.D. proof of the person applying for the certificate, residential proof of the applicant, legal heir's birthdate proof, and death certificate of the person who has died (it must be in original form)

  • Submission

A two-rupee stamp should be included with the application. Once the stamp is attached, the application is complete, and the applicant can submit it to the appropriate government office for verification.

  • Verification & Issuance of certificate

The form is then verified by the village officer and the tax inspector. After the verification is completed, the authority issues a certificate naming all of the deceased's lawful heirs. Obtaining a legal heir certificate often takes thirty days. If the certificate is not issued promptly, you should contact the Revenue Division Officer (RDO)/sub-collector.

Documents Required For Obtaining a Legal Heir Certificate

To obtain a legal heir certificate, the following is the list of documents required:

  • A completed and signed application form.
  • The applicant's evidence of identity and address.
  • The deceased's death certificate.
  • Proof of all legitimate heirs' dates of birth.
  • An affidavit of self-undertaking.
  • Proof of the deceased's address.

How to Add a Legal Heir to File ITRs?

The lawful heirs of a dead proprietor must file an ITR and pay the computed income tax on their behalf. The actions to take are as follows:

  • Visit the IRS's e-filing website.
  • If you are a registered user, log in with your account credentials. If you don't have an account yet, select the 'Register Yourself' option to create one. Complete the registration process by entering all of the essential details.
  • Go to 'My Account' after successfully login in and enrolling as a representative.
  • Select a new request from the drop-down box under the request type option.
  • In the add/register as a representative area, select register yourself from the drop-down box on behalf of another person.
  • In the category to register area, select the deceased's estate from the drop-down box.
  • If you choose the proceed option, you will be sent to an external page.
  • Include all pertinent information, such as the deceased's PAN, the estate's name, and the deceased's incorporation date.
  • Create a zip file including papers such as 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 signed in the presence of a Notary Public.
  • After uploading your documents, submit your request to the e-Filing Administrator by clicking the submit button.

Read our Blog: What is an e-pan card?

Fees for Legal Heir Certificate

The fee for the issuance of a legal heir certificate is Rs 2 for the stamp and Rs 20 for the stamp paper for the affidavit. There may be additional fees, such as some officials asking for money, but this will be considered unofficial, and for succession certificates, 3 percent or more or less of the total value of the property will be charged as an additional fee.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.


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