Legal Heir Certificate Online Apply
A legal heir/s certificate is a very important document to establish the relationship between the deceased and their legal heir/s. Human life is full of uncertainty; a legal heir certificate plays an important role in case of the unexpected death of a head of the family to claim their right over the deceased person’s properties and dues.
A legal heir certificate or Surviving member certificate is needed to transfer the assets of a deceased person to the legal heirs if there is no will of a deceased person. Here is how a legal heir can apply for this certificate
Why is a legal heir certificate important?
On the sudden death of the head of the family, the family properties have to be carried by the next person. This is mainly because to cherish the family tradition.
A legal heir certificate identifies the rightful successor. All eligible successors must possess this certificate to claim the deceased person’s property.
- For transferring properties and assets of the deceased person to his successors.
- For claiming insurance and bank balance.
- For sanctioning and processing the family pension of the deceased employee.
- To receive dues such as provident fund, gratuity, etc. from the government
- To receive salary arrears of the deceased, in case of state or Central government employee.
- To get compassionate appointments.
- To transfer electricity connection
Generally, while selling the property, the buyer requests a legal heir certificate to know the legal owners of the property. Normally several legal heirs are available for the ancestral property.
In such cases, it is required that all legal heirs approve and sign the sale deed .it also avoids any litigations in the future.
Eligibility or requirements for Legal Heir Certificate
Who can apply legal heir certificate
The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:
- Spouse of the deceased.
- Children of the deceased (son/ daughter).
- Parents of the deceased.
- Adopted children are also eligible heirs.
Required Information & Documents
- Name and identity card of the deceased
- Details of the family members
- Residential Address
- Duly filled/signed application form
- Death certificate of the deceased
- Identity Card and address proof of an applicant
- Date of birth proof of all legal heirs.
- A self-undertaking affidavit.
- Address proof of the deceased.
- The identity proof of the applicant can be a government-issued identity card.
- Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, or bank passbook with the name and address of the legal heir.
- Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, or any government-issued identity card.
Fee Structure For Legal Heir Certificate
The applicant can apply for a certificate without paying any fee for the application to the government.
Application Procedure – Legal Heir Certificate
This certificate can be applied only by the legal heirs after obtaining the death certificate of a deceased member of the family. The legal heir certificate can be obtained by approaching the sub-divisional magistrate court or from the corporation/municipality office of the respective area and the district civil court. This certificate is issued only after a proper inquiry of all legal heirs and deceased persons. The process of obtaining a legal heir certificate is stated below:
Step 1: Submit an application form to the sub-divisional magistrate office/district court/MCD office
The legal heir of the deceased person must approach the sub-divisional court/district court in the respective area and ask for the legal heir certificate application.
Step 2: Receive the application
The applicant has to obtain the application form from the concerned officer.
Step 3: Enter the Details
This application contains the names of all the legal heirs, their relationship with the deceased, and the family members’ addresses.
Step 4: Attach the Documents
All the required documents, including the departed person’s death certificate, should be attached to the application. (Death certificate must be obtained from the municipality/corporation office).
Step 5: Submit the application
The applicant has to submit the application form with an affidavit on stamp paper or self-declaration must be submitted along with the application to the concerned officer.
Step 6: Verification Process
On submitting the application, the local revenue officers and village administrative officials will verify the application.
Step 7: Issuing the certificate
Once the successful enquiry, the authorized officer issues the Legal heir certificate. The process of obtaining a legal heir certificate generally takes 30 days.
Processing Time For Legal Heir Certificate
Approx 30 days to require receiving the certificate. To avoid an unnecessary delay in receiving a certificate or any other issue, you should approach the Revenue Division Officer (RDO)/sub-collector/District court.
How are the Legal Heir Certificate and Succession Certificate different?
If the deceased person is a government servant, then the legal heir certificate will be issued for approval of the family pension or to get appointments on the concerned grounds. A legal heir certificate is also provided to transfer property- movable and immovable assets.
A succession certificate is required when someone transfers his/her any movable or immovable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act.
Tahsildar and related authorities of the district issue legal heir certificates after identifying the particular deceased person and living heirs, and the court issues succession certificates to the legal heirs of a deceased person.
3% of the total value of the property will be charged, for issuing the succession certificate,. To issue a legal heir certificate, Rs.2 for a stamp and Rs.20 for stamp paper for the affidavit will be required.
Legal heir certificates and succession certificates are entirely different. In case the head or a family member passes away, the next direct legal heir of the deceased – wife/husband/son/daughter/mother/grandchildren can apply for the Succession Certificate. This certificate can be used for the transfer of electricity connection, telephone connection/patta transfer, house tax, bank account, filing of IT returns, etc.
The process to add a Legal Heir to File ITRs
On behalf of the deceased proprietor, their legal heir/s can file an ITR and pay the computed income tax. The following are the steps to take:
Step 1: Go to the income tax e-filing website. Log in with your account information if you are a registered user. If not, choose the ‘Register Yourself’ option to establish a new account. Complete the registration procedure.
Step 2: After successfully logging in and registering as a representative, go to My Account. Under the request type option, select a new request from the drop-down box.
Step 3: Select register yourself from the drop-down box in the add/register as a representative section on behalf of another individual.
Step 4: Select the deceased’s estate from the drop-down box in the category to register section. You will be routed to an external page if you select the proceed option.
Step 5: Provide all relevant information, – the deceased’s PAN, the name of the business, and the deceased’s date of incorporation.
Step 6: Make a zip file with documents such as a self-attested copy of the deceased person’s PAN card, a copy of the death certificate, the legal heir’s PAN card, the legal heir certificate, or an affidavit in the presence of a Notary Public.
Step 7: After uploading documents, click the submit button to send your request to the e-Filing Administrator.
The identity proof of the applicant can be a government-issued identity card.
Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, or bank passbook with the name and address of the legal heir.
Date of birth proof of legal heir can be a birth certificate, school transfer/leaving certificate, or any government-issued identity card.
Required Information & Documents
Name and identity card of the deceased Details of the family members Residential Address Duly filled/signed application form Death certificate of the deceased Identity Card and address proof of applicant Date of birth proof of all legal heirs. A self-undertaking affidavit. Address proof of the deceased.
Generally, while selling the property, the buyer requests a legal heir certificate to know the legal owners of the property. Normally several legal heirs are available for the ancestral property. In such cases, it is required that all legal heirs approve and sign the sale deed .it also avoids any litigations in the future.
Why Choose Legaltax For Legal Heir Certificate?
All the steps can be made much more simple with Legaltax. We make the process quick, convenient, and easy. Moreover, you just need to provide your basic details and scans of your documents.
We will apply on your behalf, and you’ll merely be called for the purposes of verification only. We are ready to go that extra mile to help our clients.
We provide our best services to our customers always and are ready to resolve any kind of issues related to the certification process. Don’t hesitate to talk to our experts to know more about the process.