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In case of a sudden demise of a family member, a legal heir certificate must be obtained for transferring the assets of the deceased to his/her legal heirs. A legal heir certificate is a very important document to establish the relationship between the deceased and legal heirs. Once the death certificate is obtained from the municipality/corporation, the successors can apply for this legal heir certificate to claim their right over the deceased person’s properties and dues. Usually, lawyers help draft and register a legal heir certificate.
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.
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.
The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:
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. The process of obtaining a legal heir certificate are stated below:
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.
In order to obtain a legal heir certificate, following is the list of documents required:
A legal heir certificate is different from a succession certificate, a succession certificate is generally issued by the civil court and there are separate procedures to obtain the same. Major differences between these two certificates are listed below:
Yes. You can apply for a legal heir certificate online. You can fill the form for obtaining a legal heir certificate on the e-portal of your respective district and attach the required documents. You must pay the fees online while submitting the form. The certificate can be downloaded from the e-portal when it is ready.
Yes. Married and unmarried daughters are also legal heirs and have the same rights as that of the son since 2005 after the amendment of the Hindu Succession Act. Thus, married daughters are legal heirs of the deceased person.
The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the grandchildren of the deceased will be the legal heirs. If there are no grandchildren, then the brothers and sisters of the deceased person will be the legal heirs who can obtain the legal heir certificate.
Yes. If the second wife is legally married under the Hindu Marriage Act, 1955, she is considered the wife of the deceased and is the legal heir of the deceased. The second wife is legally married when the first marriage is dissolved through an order of divorce or the first wife is dead. However, the children from the first wife will also be considered as legal heirs of the deceased along with the children of the second wife.
Yes. Illegitimate children are the children born to a man and a woman who are not married or born out of wedlock. However, illegitimate children are entitled to all the rights of the deceased parent’s property and thus are legal heirs of the deceased person.
No. The legal heir certificate only entitles the holder of the certificate the right to claim insurance, receive dues such as provident fund, gratuity, etc. and arrears from the government. A person having the succession certificate can sell the property of the deceased. However, the person having the legal heir certificate can sell the deceased person’s property after taking the written consent and NOC (No Objection Certificate) from all the other legal heirs of the deceased.
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