A legal heir certificate is a document that provides clarity to the people in the event of your death. They are used by some when a person has no known relatives or named heirs. Having no heirs can complicate matters massively and leave a huge mess behind for others to pick up. However, when you have an heir certificate. It can help others understand what’s planned for in your will or if you have left a valid will at all.
What is a legal heir certificate?
It is an official document that is issued by the state government to its citizens. The certificate serves as proof of the next of kin or legal heir of a deceased person. The certificate provides recognition to the heir and validates their legal rights over the heir’s properties like Flats in Thrissur and all.
The legal heir certificate is also known as ‘Succession Certificate’ as it certifies the succession of the deceased’s property to the rightful heir.
Legal heir certificate use
it is an important document that establishes the relationship between the legal heirs and a deceased person. This certificate is mandatory in order to claim succession rights.
- To apply for family pension
- Apply for gratuity
- To apply for a provident fund to claim insurance or bank deposits
- Claim any other property of the deceased
The certificate can obtain from sub-registrar offices (SRO) where the death has been registered or from the tehsildar. Whose office is located in your town or city? The process to obtain the certificate varies from state to state. For example, in Delhi, you have to submit an application to the SRO along with an affidavit and documents such as a death certificate and proof of relationship with the deceased. Once you submit these documents, you will receive an acknowledgement slip that will inform you about when your documents will be processed. But in UP, you can get a legal heirship certificate on submitting only an affidavit containing details of your relationship with the deceased.
Who can apply?
According to the department of registration and stamps, any person who is willing to obtain a can make an application in Form 1. An application for a legal heir certificate can be made by any person who is a surviving heir of the deceased person.
If all heirs are willing to apply they can do so jointly or individually. If no one has applied within 30 days from the date of death of a person. Then any other person or persons interested in the estate of the deceased person may apply to the registrar for a declaration as to his or her rights as a legal heir.
In case of the death of a parent, the birth certificate of the applicant and that of the deceased parent is required. In the case of a spouse. You will need to submit your and your partner’s birth certificates along with your marriage certificate. This will also need copies of all these documents.
You will also need an Affidavit by the Legal Heir (which can download from the official website). The affidavit should be on Rs 20 stamp paper and notarized by a Notary Public or any other court. It should state the name and relationship of the deceased with the applicant and that he/she has no objection to applying for an heir certificate.
A self-declaration affidavit on Rs 20 stamp paper is required stating that there are no dues pending with any government agency, board, or corporation against the name of a deceased person.
Step 1: Approach the municipal/ taluk/tehsil office
A copy of the ration card, as well as an electricity bill, water bill, or telephone bill, must be submitted in case of change in name after marriage
A legal heir certificate is required by a person to show his/her relationship with the person who has passed away. This certificate is required by the individual in various situations like applying for pension, insurance claims, transfer of provident fund, income tax returns, etc.
Documents needed to Approach the municipal commissioner for issuing legal heir certificate:
- Death certificate of the deceased
- An affidavit declaring your relationship with the deceased and that you have not received any compensation from any other source in relation to the death.
- Identity proof (voter ID card/passport/adhaar card)
- Address proof (electricity bill/water bill)
- One passport-sized photograph
Submit the legal heir certificate application
The submission of the application is the first step to getting a legal heir certificate. The applicant can submit it at the nearest sub-registrar’s office within whose jurisdiction he/she resides or owns the property. The application form requires the details of the deceased and their relationship with the applicant.
Once submitted, an acknowledgement slip is generated. Which contains an application number that can be used to track the status of the application. The acknowledgement slip also contains details like the name, address, and phone number of officials in whose jurisdiction an applicant has applied for a legal heir certificate. Moreover, it also has information about where and when to collect the final legal heir certificate document.
Succession certificate and legal heir certificate difference
Both documents need for similar purposes but have their own importance.
A succession certificate requires when there is no will of the deceased person. If there is someone who can claim to be the legal heir of the deceased but doesn’t have any proof. Then he needs a succession certificate from the court to prove his claim.
Whereas in the case of a legal heir certificate. You can directly apply for it without going through any lengthy process in court. Provided you have all the required documents.