Legal

Heir Certificate

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.

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Overview

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; legal heir certificate plays an important role in case of unexpected death of a head of family to claim their right over the deceased person’s properties and dues.

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 over 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 of the property , the buyer request a legal heir certificate to know the legal owners of the property. Normally several legal heirs are available for an ancestral property. In such cases, it is required that all legal heirs approve and sign the sale deed .it also avoid any litigations in future.

Eligible Heirs

The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law:

  • Spouse of the deceased.

  • Children of the deceased (son/ daughter).

  • Parents of the deceased.

  • Adopted children are also an eligible heir./p>

Documents required

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.

Note:

  • Identity proof of applicant can be government-issued identity card.
  • Address proof of legal heir can be any valid identity proof or telephone/mobile bill, gas bill, 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.

Class 1 Heirs

According to the Hindu Succession Act groups the heirs of a male Hindu divide into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:

  • Sons
  • Daughters
  • Widow
  • Mother
  • Son of a pre- deceased son
  • Daughter of a pre- deceased son
  • Daughter of a pre- deceased daughter
  • Widow of a pre- deceased son
  • Daughter of a predeceased daughter of predeceased son
  • Son of a pre- deceased son of a pre- deceased son
  • Daughter of a pre- deceased son of a pre- deceased son
  • Widow of a pre- deceased son of a pre- deceased son
  • Son of a predeceased daughter of a predeceased daughter
  • Daughter of a deceased daughter of a predeceased daughter
  • Daughter of a predeceased son of a predeceased daughter
  • Son of a pre- deceased daughter

Class 2 Heirs

Absence of any heir in class 1 the devolution is made according to class 2.Class 2 heirs include:

  • Father
  • Sons daughter’s son
  • Brother
  • Sister
  • Daughters son’s son
  • Daughters son’s daughter
  • Daughters daughter’s son
  • Daughters Daughter’s daughter
  • Brothers son
  • Sisters son
  • Brothers daughter
  • Sisters daughter
  • Fathers father
  • Fathers mother
  • Fathers widow
  • Brothers widow
  • Fathers brother
  • Fathers sister
  • Mothers father
  • Mothers mother
  • Mothers brother
  • Mothers sister

Agnates

In case a hindu male passes away and no class 1 or class 2 heirs, then the property would divide on agnates. A person is said to be an agnate that are related by blood or adoption wholly through males. Agnate relationship does not exist to relationship by marriage and is restricted to relationship by blood.

Cognates

If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be gone to cognates. Cognates are related to the intestate by blood or adoption but not wholly, through male. Thus mother’s brother’s son and brother’s daughter's son are cognates, eligible for heirship.

Fee Structure

The applicant can apply for a certificate without paying any fee for the application to goverment.

Procedure to Obtain a Legal Heir Certificate

This certificate can be applied only by the legal heirs after obtaining the death certificate of 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 enquiry of all legal heir’s and deceased persons . The process of obtaining a legal heir certificate is stated below

  1. Step 1: Submit an application form in 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.
  2. Step 2: Receive the application
    The applicant has to obtain the application form from the concerned officer.
  3. 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.
  4. 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).
  5. 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.
  6. Step 6: Verification Process
    On submitting the application, the local revenue officers and village administrative officials will verify the application.
  7. 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.
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Processing Time

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 is 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 family pension or to get appointments on 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 authority of the district issues 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 of 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 certificate and succession certificate 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 transfer of electricity connection, telephone connection/patta transfer, house tax, bank account, filing of IT returns, etc

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:

  1. Go to the income tax e-filing website.

  2. 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 .

  3. After successfully logging in and registering as a representative, go to’ My Account’.

  4. Under the request type option, select a new request from the drop-down box.

  5. Select register yourself from the drop-down box in the add/register as a representative section on behalf of another individual.

  6. Select the deceased’s estate from the drop-down box in the category to register section.

  7. You will be routed to an external page if you select the proceed option.

  8. Provide all relevant information, - deceased’s PAN, the name of the business, and the deceased’s date of incorporation.

  9. Make a zip file with documents such as a self-attested copy of deceased person’s PAN card, a copy of the death certificate, legal heir’s PAN card, the legal heir certificate, or an affidavit in the presence of a Notary Public.

  10. After uploading documents, click the submit button to send your request to the e-Filing Administrator.

Why to Choose Legaltax for Marriage Registration?

All the steps can be made much more simple with LEGAL TAX. We make the process quickly,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 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

FAQ's

Family membership certificate is issued by a Village Officer which does not have the legal sanctity value as a legal heirship certificate has. However most of the Sub Registrars allow execution of partition deed by showing family membership certificate.

Nominations and death certificates may work as alternatives.

Applicants can approach the respective SDM/Tahsildar office to apply in person.

The parents, spouse and children are the immediate legal heirs of the deceased person.

Madam, their childrens will be the legal heirs of deceased husband's self acquired property as well as his share in the ancestral property. Your in-laws cannot force you to include your sister-in-laws/brother-in-laws names as the legal heirs of your deceased husband.

As per Section 16 of The Hindu Marriage Act, 1956 and scheme of the Hindu Succession Act, 1956, the second wife's children have the right over the property of the father as a class I legal heir if the father dies intestate,

The legal heir can be one person, or multiple persons as well.

As per the Hindu Succession Act 1956, sister being a class I legal heir is also entitled to claim her share in the parents’s property.

No, she can’ot claim the right of the property after 12 years.

Under Hindu law, a wife is eligible to get an equal share of the assets of the deceased husband divided between other Class I heirs, the children and mother
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Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

Raj warsi.jpg

Adovcate Name

15 years Experience

Kailash Hills, Delhi

Practice area & skills : Arbitration, Cheque Bounce, Child Custody, Criminal and more+

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