HOW TO OBTAIN LEGAL HEIR CERTIFICATE

In order to obtain a legal heir certificate, how may this be done?

In the absence of a will, when a person dies intestate, the transfer of certain assets to the heirs of the deceased necessitates the creation of a legal heir certificate, and in a few States, a probate.

In order to establish an inheritance or transfer assets from the deceased, an alternative to a succession certificate may be procured, such as a legal heir certificate. It is easier to obtain it.

In some cases, a legal heir certificate may be used in place of a succession certificate only because family can readily obtain a legal heir certificate. In the vast majority of cases, families first apply for a legal heir certificate and, if a legal heir certificate is not accepted by the relevant authority, then a succession certificate is used.

A legal heir certificate is necessary in order to establish the relationship between the deceased and legal heirs and to access assets that the deceased may have left behind. Only one legal heir can request the certificate. However, to apply, all possible legal heirs must be included in the application form.

A legal heir certificate establishes the relationship of the heirs to the deceased, specifically when the deceased has not selected a nominee. Some financial institutions and private companies also accept certificates that allow the transfer of funds, balances, investments, or shares.

Mr Tareq Imam is of the opinion that applicants should truthfully list all of their legal heirs, other than themselves, on the application form. Remember that you are agreeing to the terms of the document. Mr Tareq Imam stated, “If there are no legal heirs, it amounts to misrepresentation, manipulation, and may land you in prison. When other legal heirs challenge the certificate or you are found out, you may be found guilty of perjury. Even though it is a crucial document, the misuse and misrepresentation of it often results in drawn-out litigation.

Mr Tareq Imam made the point that a revocable legal heir certificate could be rescinded if someone later challenges its issuance to you. It certifies that you are the only remaining legal heir to that deceased person, or that you are legally entitled to all assets that were bequeathed to you by that deceased person. In order for that to happen, you will need a succession certificate. Succession certificate is granted by a court of law after going through the formalities of issuing a public notice and then inviting objections from the general public and any of the deceased person's other legal heirs. It is this succession certificate which confers the right to successor claimants to claim all of the deceased person's movable assets.

The legal heir certificate is not considered conclusive when it comes to determining who are the rightful heirs to a deceased person or who owns any disputed property that belonged to the deceased." In the event of any disagreements among the heirs of the deceased, the revenue officer cannot issue a legal heir certificate and is obliged to direct the heirs to seek resolution in a civil court.

Mr Tareq Imam elaborated on “A legal heir certificate identifies the living heirs of a deceased person. Whereas succession certificate confirms the authenticity of the heirs and gives them the authority to inherit debts, securities, and other assets the deceased may have left behind.

A legal heir certificate lists all of a deceased person's heirs, according to applicable law, after a proper investigation. Successors who meet all eligibility requirements must possess this certificate in order to stake a claim to the deceased person's property.

In order to claim ownership of an estate, one must have a legal heir certificate.

The transfer of the property and assets of the person who has died to his/her beneficiaries (such as transferring the car or phone, or electricity connection)

When it comes to insurance claims

Sanction and processing the deceased employee's family pension.

To collect employee dues, such as a provident fund, a gratuity, or a bonus from the government, or to collect unpaid salary of the deceased (state or central government employee).

By conducting compassionate appointments, you can find employment that allows you to care for yourself.

file the deceased's tax returns

In addition, the legal heir certificate is required in order to file income tax returns on behalf of the deceased taxpayer (as a representative). According to Section 159 of the Income Tax Act, 1961, if an individual dies, then the legal representatives are legally liable to pay any tax the deceased would have owed had he or she not died, even if the individual would not have owed the tax because he or she was still alive. A legal representative or legal heir is considered to be an assessee, and income/earnings from the date of death of the asset owner is taxed. Even though the legal representative/heir is not responsible to pay income tax dues from his/her own pocket, he/she must still do so. Essentially, only to the extent of the assets that they inherit from the deceased asset owner will heirs be liable.

A legal heir certificate can be obtained by anyone.

The following individuals are considered legal heirs and can request a legal heir certificate:

Widow of the deceased

Child(ren) of the deceased

The families of the deceased

the deceased's siblings

Legitimacy certificate procedure

Once a death certificate has been obtained from the municipal corporation, the deceased person's assets can be transferred to the legal heir using the legal heir certificate.

You can get the legal heir certificate by approaching Tehsildhar in that area/taluk, or you can find it at the respective corporation/municipality office, or you can get it from the district civil court. You can speak to concerned window at the Mumbai City Collectorate, in the Old Custom House on the ground floor, and in Fort Mumbai 400001.

The documents required are -

Xerox copy of the ration card's first and last pages

Affidavit duly affirmed with Rs.20/- on stamp paper

The death certificate

the deceased employee's service record

The following is a description of the process for obtaining a legal heir certificate:

Once the legitimate heir of the deceased person has visited the above-mentioned authority and obtained an application form for the legal heir certificate, they must submit the form to the above-mentioned authority. The legal heirs, their relationship to the deceased, and addresses of family members must be included in this required form. This must be signed and submitted.

All the documents needed for the application, including the death certificate of the departed person, should be attached.

A sworn statement on stamped paper or a declaration on one's own behalf are required in addition to the application.

The revenue inspector or administrative officer carries out an inspection and concludes the investigation. Authorities will check the attached documents and details when they receive the application.

Once everything is in place, they will record the events in their registry and provide you with a reference number.

The Tehsildar will forward the application to the Village Administrative Officer (VAO) and Mandal revenue officer (MRO) to be dealt with. There will be an on-site examination of the submitted documents by the above authorities.

A search will be made for verification by local revenue officers and village officials. An administrative/gov employee who is known to the dead person and his/her family is expected to register a statement about the administrative/gov employee that is known to the dead person and his/her family in the application form. After the verification, the officials will follow proper procedure by submitting their report.

Once the verification is completed, these revenue officers and village administrative officials will then submit their report in proper form to the Tehsildar for further review before issuing the certificate to the applicant.

Upon conclusion of the inquiry, the authorised officer issues the legal heir certificate. A certificate will be issued to the applicant after due verification has been completed.

Following the due inquiry, on the basis of the revenue officer's report and village officials' submissions, the certification will be issued by the competent authority with the names of all the legal heirs mentioned.

It generally takes 30 days to get a legal heir certificate. You should then approach the Revenue Division Officer (RDO)/sub-collector or Tehsildar if there is an unnecessary delay in receiving this certificate or if relevant authorities fail to respond.

In order to apply for legal heir certificate, you must have original documents that prove your status as an heir.

Documents needed to obtain an heir certificate
The following are the documents required:

The deceased's death certificate
the applicant's identity and address proof (legal heir).
an application form written /prescribed
deceased person's proof of residence (a voter ID, driving licence, bank passbook, etc)

the certificate is requested by the spouse
You must submit an Aadhaar card, a marriage registration certificate, a passport, or a Voter ID card if the spouse survives.
a Certificate of all of one's children
the declaration of the spouse signifying the existence of all other legal heirs (including mother-in-law if wife is the applicant)
In the event of the death of the parent, the child will apply.
Parents' death certificates
Applicant's birth certificate / Aadhaar / passport / transfer certificate of the applicant, and all possible heirs' birth certificate / Aadhaar / passport / transfer certificate
In the event that a minor child makes an application if the parents are deceased
Parents' death certificate
If the applicant was born, an Indian birth certificate/Aadhaar/passport/transfer certificate of the applicant should be provided. It is also the applicant's responsibility to find all possible heirs'If the applicant was born, an Indian birth certificate/Aadhaar/passport/transfer certificate of the applicant must be provided. It is also the applicant's responsibility to find all possible heirs.
certificate of relationship issued by the honourable civil court to verify relationship to heirs
if the parent or sibling applies (in case unmarried children pass away)
the deceased's death certificate
the deceased's birth certificate/Aadhaar/passport/transfer certificate
Declaration of parents/siblings
An applicant may select from the following identity options: a voter ID, an Aadhar card, a driving licence, a passport, or any other government-issued identity card. Valid identity proof such as a driver's licence, a bank passbook with the name and address of the legal heir, or a utility bill will do. Birth certificate, school transfer/leaving certificate, PAN card, or passport are acceptable proofs of legal heir status.
The difference between a legal heir certificate and a succession certificate is that while the former can certify that a specific person is the only legal heir, the latter certifies that a specific person is the next in line to inherit an estate.
In many cases, a person who believes himself to be an heir uses a legal heir certificate while another person, who believes he is in line for succession, obtains a succession certificate. Mr Tareq Imam commented that it is critical to note that both succession certificate and heir certificate are not identical. Each certificate serves a different purpose. A civil court issues a succession certificate and, as well, there are different procedures required to gain the same. A government job is granted on compassionate grounds to anyone who possesses a valid legal heir certificate issued for their relationship to pension, insurance, administrative/service advantages, retirement benefits of the state and central government offices, and other similar benefits. A succession certificate allows the legal heirs to transfer the property, shares, debentures, and so on in their own name after the deceased's death.
When comparing these two certificates, the differences are as follows:
A legal heir certificate may only be used in a limited number of situations, such as claiming employee benefits of the deceased, property registration, and insurance claims.
Succession law in India does not accept legal heir certificates as conclusive proof.
A succession certificate is important when it comes to the settlement of any property that is in dispute or being sued.
This article is not meant to be a comprehensive guide to the subject matter. If you have a particular question or situation, make an appointment with a specialist.