In case the legal head of a family passes away, his legal heirs need to first report this event to the authorities concerned and obtain a death certificate immediately. Since all the rights and liabilities of the deceased will now be transferred and distributed among the deceased’s legal heirs, the latter also will need to apply for a legal heir certificate, also referred to as a ‘survivor certificate’, to initiate the inheritance proceedings.
A legal heir certificate may be a document that has legal enforceability and states the connection between the deceased and his legal heirs. This “post-demise” document, which lists the names of all the deceased’s legal heirs, is important so that surviving members can claim their rights in the deceased relative’s estate for their life.
Understandably, an excellent deal of diligence and inquiry are employed on the part of the authorities, before issuing a legal heir certificate.
Who Are Legal Heirs?
According to succession laws, when an individual dies without leaving any legal clarification or a will behind, an individual who inherits all the materialistic properties and responsibilities, and even debts that accompany land, are termed an heir.
In India, legal heirs are often classified into two categories – Class I and another II.
Class I heirs in equal share for a Hindu man consistent with Hindu Succession Law –
• His wife
• His children
• His mother
In the non-appearance of class I heirs, Class II heirs can claim the property.
Class II heirs for a Hindu man consistent with Hindu Succession Law –
• His father
• His grandchildren
• His great-grandchildren
• His siblings
• Other relatives
Legal heir certificate use
There are various purposes the legal heirs of a deceased will need to produce a legal heir certificate:
1. To transfer movable and immovable properties and assets of the deceased.
2. Lay claim benefits of insurance policies of the deceased.
3. To transfer utilities within the name of the survivors.
4. To receive salary arrears of the deceased.
5. Lay claim employment benefits, if the deceased was still underemployed.
6. Lay claim the deceased’s provident fund and gratuity.
7. For transfer of deposits, balances, investments, shares, etc., of the deceased.
8. To file tax returns on behalf of the deceased.
Who can apply for a legal heir certificate?
Legally recognize heirs of the deceased can apply for a legal heir certificate. it includes:
-The children of the deceased (son and daughter).
-The spouse of the deceased.
-The parents of the deceased.
-The siblings of the deceased (brothers and sisters).
Documents needed for legal heir certificate
While anybody legal heir can apply for the legal heir certificate or survivor certificate, he has got to include the names of all the surviving members or legal heirs, while making the appliance. The applicant will need to submit the subsequent documents to the authority concerned, to urge a legal heir certificate:
• Duly filled and signed form.
• Proof of birth dates of all legal heirs.
• List of surviving members if they’re quite four in number.
• Photographs of all applicants.
• Self-undertaking affidavit/ self-declaration form.
• Death certificate of the deceased.
• Address proof of the deceased.
What documents are often submitted as ID proof?
Aadhaar card, PAN card, Ration Card with photo, Voter ID card, passport, and driving license are often submitted as ID proof.
What documents are often submitted as address proof?
Aadhaar card, passport, bank passbook, telephone bill (landline or post-paid), Voter ID card, Ration Card, electricity bill, gas bill, driving license, registered rent agreement, and water bill can be submitted as the address proof.
What documents are often submitted as of date of birth proof?
School leaving certificate / secondary school-leaving certificate/ certificate of recognized boards from the school last attended by the applicant or any other recognized educational institution, passport, and PAN card, can be submitted as proof of date of birth.
the way to get a legal heir certificate?
Step 1: Approach the municipal/ taluk/tehsil office
As mentioned earlier, one of the surviving members of the family can start the procedure to urge the legal heir certificate on behalf of all the surviving members. Since this procedure has got to be administered face to face in most states, the legal heir will need to approach the municipal corporation office (in urban areas) or the tehsil office (in rural areas), to urge the legal heir certificate.
Step 2: confirm all the documents are in situ and therefore the application is carefully filled and the supporting documents are attached
Before you approach the authorities, you’ve got to form an application in a standard format and fill all the small print carefully in your application. Information that you simply will need to provide within the legal heir certificate application includes the names of all the legal heirs, their address, and their respective relationship with the deceased. Keep copies of all the documents mentioned within the list above ready. of these documents must be self-attested by the legal heir to whom they belong.
Step 3: Submit the legal heir certificate application
You also need to keep handy all the first documents. As mentioned earlier, you furthermore may need to submit an affidavit or self-declaration alongside the appliance.
Step 4: Document verification
Once you submit your application and therefore the officials – revenue inspector/administrative officer – are through with the ground-level verification and scrutiny of the documents on their part, you’ll be issued a legal heir certificate, which you’ll need to collect from the office
Legal heir certificate fee
The applicant must pay a nominal fee to obtain the legal heir certificate. In Madhya Pradesh, for example, the applicant has to affix a court stamp of Rs. 2 with the application form.
Time to get a legal heir certificate?
It takes approximately 30 days for the legal heirs to obtain a legal heir certificate.