Family laws are governed as per the religion followed by an individual in India. Under the Hindu family law, one of the paramount causes of legal disputes is inheritance and succession by legal heirs of a deceased person. However, most individuals are oblivious that these disputes can be evaded by just acquiring a Legal Heir Certificate after the death of a family member.
What Is A Legal Heir Certificate?
The legal heirs of a deceased person require to acquire a certificate in order to transfer the estate of the deceased in their names after the individual’s untimely demise. This certificate affirms the relationship between the deceased person and the legal heirs of the person. The certificate assists the legal heirs in claiming their legal right over the estates and also debts of the deceased person.
Who Are Legal Heirs?
The following people are considered as the legal heirs of a person:
- Parents of the deceased
- Spouse of the deceased
- Siblings of the deceased
- Children of the deceased
Motive of this Certificate
This certificate is a pivotal document to recognize the lawful successors of an individual. This certificate can aid in the following affairs after the death of a family member:
- Receive wages arrears of the deceased.
- Sanction and process the family pension of the deceased employee.
- Gain employment based on compassionate grounds.
- Insurance
- Transfer the deceased person’s assets and properties to successors.
- Receive dues say provident fund, gratuity, etc. from the government.
Procedure for Acquiring a Legal Heir Certificate in India
To acquire a legal heir certificate in India, the Tehsildar office or Taluk office must be approached. Once the required documents and the application form are filed, the applicant needs to submit the stamp fee, which is a minimal amount. The application is then submitted with the authority, which then holds an scrutinization to examine the applicants’ claim.
Once the scrutinization process is done by the Tehsildar or Taluk’s office, this certificate is issued which mentions all the legal heirs of the deceased person.
In most instances, it ordinarily takes around 30 business days to acquire a certificate in India.
Documents Required
The following documents are essential to be furnished with the authority to procure a legal heir certificate in India:
- PAN of deceased
- PAN is linked with Aadhaar number of deceased (Recommended)
- Copy of PAN Card of the deceased
- Copy of Death Certificate
- Copy of Legal heir proof as per the norms
- Copy of the order passed in name of the deceased (Mandatory only if the reason for registration is ‘Filing of an appeal against an order passed in the name of deceased’).
- Copy of Letter of Indemnity (optional)
The distinction among Succession Certificate and Legal Heir Certificate
Most of the individuals generally get bemused between a legal heir certificate and a succession certificate. However, both the certificates are dissimilar and have different purposes. A succession certificate (SC) is issued by the civil court and there are separate procedures to obtain the same. Legal heir certificate is especially used in certain matters such as claiming employee benefits, insurance claims, property registration, etc. However, a succession certificate authorizes the legal heirs to transfer the property (movable as well as immovable), shares, debentures, etc. of the deceased in their own name.
Article written by
Mr. Ashish Sameer Shinde
Subscribe
0 Comments
Oldest