2022-09-22 12:58:05

Legal Heir Certificate

Introduction

In case of the sudden death of a family member, the legal heir must obtain a legal heir certificate to transfer the assets of the deceased person to the legal heir. A legal heir certificate is an essential document for establishing the relations between the deceased person and their legal heir. When the death certificate is obtained from a municipality or corporation then the successors or legal heir apply for the legal heir certificate to claim their right over the deceased person’s property or dues.

Who is the legal heir?

In Simple terms, a legal heir is a surviving family member but under Indian laws is considered to be a legal heir which is given below:

Spouse of the deceased
Daughter of the deceased
Son of the deceased
Father of the deceased
Mother of the deceased

Used of Legal Heir Certificate

Claims for insurance
Claims for pension, retirement schemes, etc.
Claims for any Central or State Government schemes
Transfer of assets

Eligibility for legal heir certificate

Any legal heir can claim a legal heir certificate by filing an application before the Municipal Corporation or before the Tehsildar. An application must contain the names and details of all the legal heirs of the deceased person.

Procedure for getting the Legal Heir Certificate

The procedure for getting a Legal Heir Certificate can be completed within 8 simple steps which are mentioned below:

Visit the Tehsildar: You can quickly search for the Tehsildar office online to know the location.
Obtain the application form from the Tehsildar
Fill out all the details which are mentioned in the application form
Attach all the documents which are asked for in the form. You can also access the necessary documents in the next section.
Affix a stamp of 2 Rupees to the application form
After that, you will submit the application form to the Tehsildar’s office.
Then your application shall be verified by the Revenue Inspector and the Village Administrator Office
After that he/ she will get the legal heir certificate within 30 days. In case you do not receive the certificate then you should approach the Revenue Division Officer or the sub-collector.

Document required for Legal Heir Certificate

There are certain documents that need to be attached to the application form which are given following:

A notarized Affidavit.
ID Proof of the applicant
Original Death Certificate of the deceased person
Address proof of the deceased person
Birth proof and date of birth of all the legal heirs of the deceased
Letter from the Govt. Department of the deceased employee to obtain the Legal Heir Certificate from the DC office
Residence proof of all the legal heirs
Court Fee of Rs. 1.25

Advantages of Legal Heir Certificate or Surviving Member Certificate

There are some advantages of a legal heir certificate or surviving member certificate are given below:

These are essential for establishing a relationship with the deceased person.
For claim over the movable and immovable assets of the deceased person.
If the deceased person is a government employee then it is beneficial for claiming all the benefits like PF, family pension, gratuity, and government service.
For availing more benefits from government schemes.
It is used for claiming insurance money for the deceased person.

Difference between Legal Heir Certificate and Surviving Member Certificate

Given below the difference between the legal heir certificate and surviving member certificate:

If the family head or any family member passes away then the immediate legal heir needs to be directly related to the deceased person, for example, wife, son, husband, daughter, father, mother, etc. who is eligible for applying for the certificate of succession/heir.
The legal heir certificate can be utilized to transfer electricity connection, telephone connection, IT returns filing, house tax, data transfer, etc.
If anyone needs to transfer a property or claim the insurance money of the deceased person then they will have to get a legal heir certificate from a court.
If the deceased was an employee of the government then the legal heir certificate will be issued from the court to provide the benefit to the legal heirs of family pension or any type of services on essential grounds.
When the legal heir inherits any kind of movable or immovable property under various laws of property in India then required a survival member certificate.
The legal heir certificate can be obtained from the court but the surviving member certificate can be obtained from the District Magistrate’s office and the surviving member certificate is obtained easily and faster.
When a family member dies intestate which means he/she has died without leaving a will behind then the court issued the legal heir certificate.
The Sub Divisional Magistrate generally issues a surviving member certificate in the Delhi office and it is a simple document that contains all the names of the legal surviving heirs.
If a family head dies who had the property under his/her name then only legal heirs have the permit for the partition of the property. If any of the legal heirs were omitted from the partition then the legal heir certificate is play is compulsory and at this time it plays a very crucial role. But in the case of a surviving member certificate is not much crucial.
A surviving member certificate is just to receive a declaration from the legal authorities about who are the individuals alive after the deceased.
This certificate provides limits or lists the number of surviving members.

Conclusion

It concluded that the Legal heir certificate is an essential document for establishing the relations between the deceased person and their legal heir. When the death certificate is obtained from a municipality or corporation then the successors or legal heir apply for the legal heir certificate to claim their right over the deceased person’s property or dues. He/ she will get the legal heir certificate within 30 days. In case you do not receive the certificate then you should approach the Revenue Division Officer or the sub-collector.