LEGAL HEIR CERTIFICATE
When a family member passes away, a Legal Heir Certificate has to be produced to authenticate the relationship between the heir and the deceased. The Legal heir Certificate is an important document needed to claim the deceased person’s properties, provident fund, pension and other gratuity benefits, which may also include benefits of central and state government departments. In India, a Legal Heir Certificate becomes very useful when the deceased has not named a nominee. Also, banks and private companies demand legal heir certificates to transfer deposits, balances, investments, shares etc to the legal heir.
BENEFITS OF LEGAL HEIR CERTIFICATE
CHECKLIST FOR A LEGAL HEIR CERTIFICATE:
- The individual who applies for a Legal Heir certificate must be a Legal Heir as prescribed by law
- The death certificate of the deceased person must be obtained by the applicant
- The Court fee stamps of INR 2 have to be affixed to the application
- The revenue officer is not permitted to issue a Legal Heir Certificate if there is any existence of dispute of heirship
- An original death certificate must be produced.
- The Application form must be in the prescribed format (Tamil Nadu REV 114)
- A Self-declaration affidavit in INR 20 must be made on a non-judicial stamp paper
DEFINITION OF LEGAL HEIRS
Under the laws in India, the following people will be considered to be the Legal Heirs of a person and are eligible to obtain a Legal Heir Certificate in India:
- The deceased person’s spouse
- The deceased person’s son
- The deceased person’s daughter
- The deceased person’s mother
- The deceased person’s father
The whole procedure to acquire a Legal Heir certificate can take up to 30 to 45 days. Mentioned below are the following steps one needs to follow to obtain a Legal Heir certificate.
- An individual must get the application form from the revenue office that is the VAO or R.I or online (REV 114 ). This form will cost INR 60/-
- The individual must ensure all the requisites are attached to the legal heir application
- The individual must submit this application to the appropriate revenue officer such as the Village Administrative Officer
- The revenue officer must acknowledge the application, by affixing his or her seal or digital signature
- The individual must forward the application to the revenue inspector who will proceed with an inquiry. In the course of this inquiry, the revenue inspector will conduct a local inspection about the applicant and the deceased
- This application has to presented before the tahsildar. The tahsildar is the final authority in this legal heir certificate process. A token will be issued to the applicant. Then on the specified day, the application will be scrutinized after which final approval will be granted. The legal heir certificate will be issued sixteen days after the application has been approved.
DOCUMENTS REQUIRED TO OBTAIN A LEGAL HEIR CERTIFICATE
- A self-undertaking which is an affidavit that is drafted and notarized
- The documentary proof of identity
- The documentary proof of the Heir’s residence
- The documentary proof of date of birth.
- The death certificate of the deceased Person
- The documentary proof of the deceased’s residence.
FAQS ON LEGAL HEIR CERTIFICATE
WHAT IS THE DIFFERENCE BETWEEN A LEGAL HEIR CERTIFICATE AND SUCCESSION CERTIFICATE?
The Legal Heir certificate is issued by a government authority, via the revenue department. The succession certificate is granted by a court of law.
IS THERE ANY TIME LIMIT TO APPLY FOR A LEGAL HEIR CERTIFICATE?
There are no time limits however, it is prudent to apply within 6 months from the deceased person’s date of death. But, not applying for a Legal heir Certificate within 6 months will not be taken as grounds of rejection by the revenue department.
Once you get in touch with us at ACE ALLIANCE with your request to create a Legal Heir Certificate, we will start the process. After our team receives all the details, our expert team of lawyers and attorney will create the Legal Heir Certificate sample and send it across for your reference within 2- 3 business days. The price you pay for these services will includes three rounds of iterations. Therefore, if you need any changes done to the Legal Heir Certificate format, our team of lawyers at ACE ALLIANCE will do the needful.