If one faces the complexities of inheritance after the loss of a loved one, a legal heir certificate might be the crucial document you need. This certificate is an official document issued by the government that identifies the rightful heirs of a deceased person. This allows them to claim ownership and transfer assets such as property, bank balances, insurance benefits, and other financial assets.
In this blog post, we are going to discuss what a legal certificate is, why it is important, and how one can get it.
What is a Legal Heir Certificate?
A Legal Heir Certificate is an official document issued by government authorities to establish the rightful heirs of a deceased person. This certificate is essential for the heirs to claim the deceased’s assets. It can be property, bank accounts, insurance benefits, and other financial claims. The certificate typically lists the names, ages, relationships, and addresses of the legal heirs, thus serving as proof of their entitlement to the deceased person’s estate.
They are particularly important in situations where the deceased did not leave a will, or when there is a need to transfer ownership of assets or settle disputes among heirs.
To obtain the certificate, various documents, such as the deceased’s death certificate, identity proofs, and an application form, should be submitted. In India, a legal heir certificate is required to determine property transfer for people who die before leaving a will.
Who are the Legal Heirs?
Legal heirs are the relatives of the deceased person who are entitled to inherit their properties as per the Indian succession law. The term legal heirs differs according to the religious and personal laws prevailing in the case of the deceased.
For Hindus, Sikhs, Buddhists, and Jains, the Hindu Succession Act of 1956 defines the order of succession. Class I heirs have the first right to inherit,these include the deceased’s spouse, children (including adopted children), and parents.
In the absence of Class I heirs, Class II heirs, such as grandchildren, siblings, and other relatives, can claim the property.
As per Islamic law (Sharia), the inheritance rules are different and follow Islamic teachings.
Importance of a Legal Heir Certificate
1. Claim and Transfer of Property and Assets:
The heir certificate helps the rightful inheritor in taking control of the deceased’s property, bank accounts, and other money.
2. Closure of Accounts of Deceased People:
The certificate helps freeze or close the accounts and other financial records of the deceased to enable better administration.
3. Proof for establishing legitimacy:
This certificate officially recognizes the legal heirs of a deceased person. It provides an authoritative confirmation of the relationship between the deceased and the heirs.
4. Resolution of Inheritance Disputes:
The heir certificate helps resolve inheritance disputes by clearly identifying the rightful heir(s) to the property of the deceased.
Requirements for Obtaining a Legal Heir Certificate
To apply for a legal heir certificate, the applicant must provide the following documents:
1. Death certificate of the deceased.
2. Proof of relationship with the deceased (birth certificate, marriage certificate, etc.).
3. Identification documents of the applicant (Aadhaar card, PAN card, etc.).
4. An affidavit stating the applicant’s relationship with the deceased and their claim to the inheritance.
5. No-objection certificates from other potential heirs (if applicable).
Process of Obtaining a Legal Heir Certificate
To get a legal heir certificate, the applicant needs to ask the Taluk Tahsildar or the district civil court. They must go to the one in the area where the deceased person lived.
The process typically involves the following steps:
1. Filling out the application form:
The applicant must complete a standard application form, which must include explicit information on the decedent’s name, date of death, and relationship to the deceased.
Submitting required documents:
The applicant must enclose the necessary documents with the application, including the death certificate, the heirs’ IDs, address proof, and a list of all living members.
1. Paying the fees:
For this type, the applicant is required to make some payment, which may differ depending on the state and the issuing authority.
2. Undergoing an inquiry:
The issuing authority checks the validity of the information in the application and confirms the relationship between the deceased and the legal heirs. An inquiry is conducted for this purpose.
3. Receiving the certificate:
In case of favourable response to the inquiry with all the papers being correct, the legal heir certificate can be released to the applicant.
It might take about 30 days to obtain a legal heir certificate, depending on the state and the concerned legal authorities. In case there are some problems or there is a need for alterations, the applicant may turn to the Revenue Division Officer (RDO) or the sub-collector.
Legal Heir Certificate Vs Succession Certificate
| Aspect | Legal Heir Certificate | Succession Certificate |
| Purpose | It establishes the relationship of the heirs with the deceased. | It establishes the authenticity of the heirs and authorizes them to inherit debts, securities, and assets. |
| Primary Use | Transfer of movable assets such as bank balances, fixed deposits, shares, insurance claims, and service benefits. | Transfer of movable and immovable properties, debts, and securities of the deceased. |
| Issued By | Local government authorities. | Civil court after a legal process, including public notice and verification. |
| Common Requirements | – Death certificate of the deceased<br>- Identity proofs of heirs<br>- Application form | – Death certificate of the deceased<br>- Identity proofs of heirs<br>- Application in court<br>- Legal process including public notice. |
| Movable Property | Yes, it is used to transfer movable properties. | Yes, it is used to transfer movable properties. |
| Immovable Property | No, it is not valid for the transfer of immovable properties. | Yes, it is required for the transfer of immovable properties. |
Conclusion
An heir certificate is a legal document used to ensure that the property and assets of the deceased go to the correct heir. Indian nationals should know the rules and procedures for getting this certificate to help avoid issues during inheritance. Understanding the differences between a Legal Heir Certificate and a Succession Certificate is crucial for a smooth and legally compliant transfer of assets.